- (1.) THE District Inspector of Schools by its order dated 16-5-2001 recognised Sri Radhey Lal as the Manager of the Committee of Janki Intermediate College. This order dated 16-5-2001 was challenged by the petitioner in writ petition No. 20832 of 2001 which was allowed by a judgment dated 23-3-2004 and the order dated 16-5-2001 was quashed.
(2.) HON 'ble J. Sahai in its judgment dated 23-3-2004, Committee of Management, Janki Intermediate College v. Radhey Lal, 2004 (3) E S C 1676 directed the District Inspector of Schools to refer the dispute, if any, to the Deputy Director under Section 16-A (7) of the U. P. Intermediate Education Act, 1921 who would decide the dispute of the two rival Committee of Management on the basis of proof of effective control. The Court further held that the question of validity of the election could also be looked into incidently while deciding the dispute. This judgment was affirmed in Special Appeal No. 531 of 2004 by a judgment dated 11-5-2004 with the modification "to the extent that the findings recorded by the learned Judge in the earlier writ petition No. 508 of 1981 stand affirmed would not stand in the way of the District Inspector of Schools in deciding the dispute now to be decided by him in the light of the direction made by the learned Judge in the judgment under Appeal. We, therefore, make it clear that the findings recorded by the learned Judge in the earlier writ petition No. 508 of 1981 should not be taken into consideration when the dispute is decided in terms of the order passed by the learned Judge."
(3.) IT transpires that the matter was referred to the Joint Director of Education who by its order dated 2-8-2004 recognised the election of the Committee of Management held on 23-6-2002 in which Radhey Lal, respondent No.1 was elected as the Manager.;