YASHWANT VARMA,J. - (1.) HEARD Sri R.K. Ojha, learned Senior Counsel assisted by Sri R.K. Tiwari, learned counsel appearing in support of this writ petition, learned Standing Counsel for the respondents 1 to 4 and Sri G.K. Singh, learned Senior Advocate on behalf of the private respondent.
(2.) BEFORE dealing with the merits of the matter, this Court takes note of the preliminary objection raised by Sri Singh with regard to the locus standi of the Petitioners to maitain the instant writ petition. It is contended that the Petitioners being an individual member is not entitled to maintain the present writ petition.
(3.) HOWEVER before dealing with the above issue it would be relevant to set out briefly the facts in this regard. This petition like all other matters of its genre has a history. It would therefore be necessary to retrace the essential facts leading up to the passing of the orders impugned. The order under challenge, this time around is dated 31st December, 2014 in terms of which the District Inspector of Schools has accorded recognition and approval to an elected Committee of Management which came into existence on 28th December, 2014. The Committee of Management of the institution is in charge of administering the affairs of the Dharav Inter College and is run under the aegis of a society known as the English School, Village Dharav, District Chandauli. While the affairs of the society are governed by its bye -laws, the institution itself is managed and administered in accordance with the provisions of a Scheme of Administration recognized and approved by the statutory authorities under the provisions of the Intermediate Education Act, 1921. In Special Appeal No. 925 of 1998, Committee of Management Vs. Regional Deputy Director of Education, a Division Bench of this Court on 20th September, 2007 noticed that a dispute with regard to the constitution of the Committee of Management of the institution had been engaging the attention of this Court right from 1998 and in order to confer quietus to the controversy, disposed of the said appeal with directions requiring the following steps to be taken: - (A) The Additional District Magistrate to take over charge of all relevant records of the institution and to publish a tentative list of members of the General Body entitled to participate in the elections; (B) Pursuant to notifications to be issued by the aforesaid authority, parties were permitted to file their objections to the tentative list of members; (C) The Election Officer was thereafter to finalise the list of members and publish an agenda for holding fresh elections; (D) Elections so held under the control and supervision of the Additional District Magistrate, Chandauli and papers thereof were to be transmitted to the Regional Level Committee; (E) The Regional Level Committee was thereafter required to consider all objection to the elections and pass an order after affording an opportunity of hearing to all concerned. Upon culmination of the said process the Regional Level Committee was to approve and declare the recognized Committee of Management. ;