- (1.) ARUN Tandon, J. Heard Sri P. N. Saxena, Senior Advocate assisted by Sri Amit Saxena, Advocate on behalf of petitioners, Sri Ashok Khare, Senior Advocate assisted by Sri S. D. Shukla, Advocate on behalf of respondent No. 6 and learned Standing Counsel on behalf of respondent Nos. 1, 2, 3 and 5.
(2.) KHAIR Industrial Society is a society registered under the Societies Registration Act, 1860. The said society has established an institution in the name of style of KHAIR Industrial Higher Secondary School, Basti (hereinafter referred to as the 'institution' ). The said institution is a recognised minority institution under the provisions of the U. P. Intermediate Education Act, 1921. Under the approved scheme of administration, the Committee of Management comprises of 11 members including the Principal and two teachers of the institution. The scheme of administration provides that Sri Mohd. Abul Khair, who had donated his properties for establishing the said institution, would be the first President/manager/treasurer, during his life time. Sri Mohd. Abul Khair, continued as the first President/manager/treasurer, till 19th January, 1992, when he expired. Thereafter one Sri Abdul Wahid Siddiqui claimed to have been selected as Manager. Vide order dated 16th April, 1998, the Regional Joint Director of Education, Basti Region, Basti appointed an Authorised Controller in the institution on the ground that valid elections of the Committee of Management have not taken place within time. This order was recalled on 14th July, 1998 on the ground that no Authorised Controller can be appointed in a minority institution.
(3.) AT this stage three rival claimants set up their independent claim as manager of the institution, (a) First faction headed by Sri Hamidullah Khan claimed to have elected as Manager in the election dated 21st April, 1998 (b) second faction headed by Sri Abdul Wahid Siddiqui claimed to have elected as Manager in the election's dated 22nd April, 1998. However, said Abdul Wahid Siddiqui was subsequently replaced by one Sri Syed Allauddin and (c) third faction headed by Mustaq Ahmad Khan alleges that after election dated 22nd April, 1998, Sri Abudul Vahid Siddiqui was removed on 24th May, 1998 and in his place, Sri Mustaq Ahmad Khan has been appointed as Manager. One of the aforesaid claimants, Sri Mustaq Ahmad Khan approached this Court by means of the Civil Misc. Writ Petition No. 24328 of 1998 challenging the order of the Regional Joint Director of Education dated 16th April, 1998 whereby Authorized Controller was appointed in the institution. The writ petition was disposed of vide judgment and order dated 4th August, 1998 directing the parties to appear before the District Inspector of Schools on the date fixed. The Court also restrained the contesting parties from managing the affairs of the School till final orders are passed.;