- (1.) This petition is directed against the order of the D.I.O.S. Deoria dated 22-9- 1994, Annexure-7 to the writ petition, by which the D.I.O.S. accepted the Committee of Management in which Sri Parmanand Pandey on the basis of election on 28-10-1993 was approved as valid Manager of the Committee of Management. It was also directed that Sri Pandey shall operate all the accounts of the institution except the students' funds. Prior orders passed by the D.I.O.S. were cancelled.
(2.) The petitioner has annexed a copy of the judgment in Writ Petition No.23830 of 1993, which was filed by the petitioner himself. By the said judgment dated 30-11-1993 the learned single Judge of this Court was pleased to observe that it was not necessary for the Court to traverse upon the question as to who should hold the Office of Manager inasmuch as the term of the Committee of Management admittedly constituted in July, 1990 had expired. The affairs of the college are to be managed by the duly constituted Committee of Management. It was observed in the said judgment that the last Committee of Management was constituted after election on 28-10-1993 under the supervision of the D.I.O.S. The learned counsel for the petitioner there in the said writ petition also had contended before the Court that no election was held on 28-10-1993 and if any election was at all held, it was not a valid election. The learned single Judge decided the said writ petition, by observing that it was the D.I.O.S. to recognise or not to recognise the Committee of Management, which was said to have been constituted on 28-10-1993. It was made clear by the learned single Judge in the said judgment observed that if the validity/ factum of election held on 28-10-1993 is called in question before the D.I.O.S., appropriate decision shall be taken by the Inspector after affording opportunity of hearing to the concerned parties.
(3.) It appears that after the judgment of the High Court the D.I.O.S. proceeded to decide the controversy raised before him by conciliation between the parties. The list of 1990 containing the name of members of the general body was the basis for holding the election on 28-10-1993. The D.I.O.S. further observed that the election had been conducted under the supervision of Sri Bhagwat Prasad observed who was authorised by the D.I.O.S. for the said purpose.;