- (1.) S. P. Srivastava, J. Heard Sri Ashok Khare, tenanted counsel for the petitioner and the learned Standing Counsel representing the respondents No. 1, 2 and 3 as well as Dr. R. G. Padia, learned counsel representing the respondent No. 4 and Sri R. K. Jain, learned counsel representing the res pondent No. 5.
(2.) PERUSED the record. The petitioners feel aggrieved by an order dated 10-7-1995, passed by the District Inspector of Schools, the respondent No. 2 whereunder he granted recognition to a Committee of Management with Parvez Ahmad as its Manager Superseding the order dated 11-4-1994, whereunder retaining the financial powers with the District Inspector of Schools, recognition had been granted to a Committee of Management with Mohammad Imran as its Manager for discharged the administrative duties untill further orders by the High Court and signatures of Mhohammad Imran had been attested as the Manager of Committee of Management. From the materials brought on the record, it appears that the Com mittee of Management which had been elected on 13-10-1991 and was the last recognised Committee of Management had informed the District Inspector of Schools vide its communication dated 31-8-1994 that its tenure secured under the approved scheme of administration was going to expires on 13-10-1994 and the general body had decided to hold the fresh elections on 25-9-1994 for which an observer may be appointed so that the election scheduled for 25-9-1994 may be held. It further appears that on the aforesaid letter, Smt. Shanti Singh, who was at that time holding the post of District Inspector of Schools passed an order informing the President of the Committee of Management that she will visit the college in the aforesaid connection on U-9-1994. This order is claimed to have been passed on 8-9-1994.
(3.) IT further appears that Smt. Shanti Singh, the District Inspector of Schools passed the order dated 11- 9-1994 to which a reference has already bee? made above, wherein it was indicated that an election of the Committee of Management was held in her presence on 11-9-1994 and noticing this fact in her order, a conditional recognition was granted in terms referred to herein-above. It further appears that Smt. Shanti Singh ceased to hold the office of the District Inspector of Schools with effect from 12th November, 1994 on account of her transfer. It may be noticed that the meeting of the general body scheduled for being held on 25-9-1993 was preponed after the visit of the aforesaid District Inspector of Schools in the college premises on 11-9-1993 itself as under the order passed by her on 8-9-1993 it was only indicated that she will be visiting the college premises on llth September, 1993. It is therefore obvious that this preponement of the date fixed for holding the meeting was done after her visit in the college premises on llth September, 1993 itself.;