Rakesh Tiwari - (1.) -Heard learned counsel for the parties and perused the record.
(2.) THE petitioners have prayed for a writ of certiorari quashing the order dated 1.5.2006 (Annexure-19 to the writ petition) passed by the Joint Director of Education/President, Regional Level Committee, Agra (respondent No. 2) besides a writ of mandamus commanding respondent No. 2 to approve the election dated 30.11.2003 and to respondent No. 3 to attest the signatures of the petitioner as the Manager of the Institution. The case of the petitioners is that Adarsh Janta Uchchattar Madhyamik Vidyalaya, Shikohabad, District Firozabad (hereinafter referred to as the institution) is a duly recognized and aided educational institution having its own duly approved Scheme of Administration under Section 16 of the Act. The election of the Committee of Management is held from the list of members of the General Body of the registered society named Adarsh Shiksha Samiti, Shikohabad having total 66 members. Petitioner No. 1 claims himself to be a duly elected Manager of the Committee of Management while petitioner No. 2 is said to be the former Manager and elected Secretary of the Society (General Body), which has been renewed for a period of five years from 10.10.2005.
(3.) IT is submitted by the petitioners that the last undisputed election of the Committee of Management was held under the provisions of the Scheme of Administration 31.10.1999 from the approved list of the aforesaid 66 members and the papers for granting recognition and attestation of the signatures of the elected Manager were sent to the D.I.O.S. but no decision or action was taken by him. A complaint in this regard was sent to the Lokayukta, Lucknow who sought report from the Joint Director of Education which was submitted by him on 1.9.2002. The signatures of the then elected Manager Sri Gyanendra Prakash Kulshrestha were thereafter attested by the D.I.O.S. on 17.12.2002.;