A H P INTER COLLEGE AND 11 OTHERS Vs. STATE OF U P AND 4 OTHERS
LAWS(ALL)-2015-11-287
HIGH COURT OF ALLAHABAD
Decided on November 27,2015

A H P Inter College And 11 Others Appellant
VERSUS
State Of U P And 4 Others Respondents

JUDGEMENT

- (1.) A parallel set of elections of the Committee of Management of a recognised institution in the name of AH.P. Inter College Chhutmalpur, District Saharanpur, were allegedly held on 15.9.2014. The Regional Level Committee by order dated 13.4.2015 discarded both the elections. The petitioners approached this Court by way of Writ-C No. 25091 of 2015 questioning the validity of the order of the Regional Level Committee dated 13.4.2015. This Court, by order dated 1.5.2015, quashed the order dated 13.4.2015 passed by the Regional Level Committee and remitted the matter back to it for passing a fresh order within two months. In pursuance thereof, it is claimed that on 25.6.2015, a hearing took place before the Regional Level Committee comprising of Smt. Anjana Goyal (Joint Direction of Education, Saharanpur), Smt. Manju Singh (Deputy Director of Education, Saharanpur) and Sri R.K. Tiwari (District Inspector of Schools, Saharanpur). However, it seems that the order was not pronounced by the Regional Level Committee and in the meantime, an application for contempt1 was filed by the petitioners before this Court, which was disposed of by order dated 7.10.2015 granting one more opportunity to the contemnor namely, the District Inspector of Schools to pass appropriate orders within two months.
(2.) It seems that thereafter the District Inspector of Schools, feeling bound by the direction given by the Contempt Court, proceeded to pass an order dated 5.11.2015 impugned herein. By the said order, the District Inspector of Schools, who on that date was also holding the charge of the Deputy Director of Education as well Joint Director of Education, has rejected the claim of membership of 17 members and authorised himself to hold fresh elections as per the approved Scheme of Administration.
(3.) The aforesaid order is being questioned by the petitioners primarily the ground that the Regional Level Committee comprises of the Joint Director of Education, Regional Deputy Director of Education and the District Inspector of Schools, whereas the impugned order has been passed by the District Inspector of Schools alone, exercising power of the Deputy Director of Education and Joint Director of Education as well.;


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