MOTI LAL KUSHWAHA AND 30 OTHERS Vs. STATE OF U P
LAWS(ALL)-2016-5-487
HIGH COURT OF ALLAHABAD
Decided on May 16,2016

Moti Lal Kushwaha And 30 Others Appellant
VERSUS
STATE OF U P Respondents

JUDGEMENT

- (1.) Heard counsel for the petitioners, learned standing counsel for respondents 1 to 5 and Sri Irshad Ali on behalf of respondents 7 and 8.
(2.) The election of the committee of management of Lavkush Uchchatar Madhyamik Vidyalay, Himmatganj, Allahabad, a recognised institution under the provisions of the U.P. Intermediate Education Act, 1921, was approved by the District Inspector of Schools by order dated 7/8 March 2014. Thereby, the eighth respondent was recognised as manager. The election proceeding that had been set up by the seventh respondent on basis of which signatures of the eighth respondent was attested, is dated 25.12.2013.
(3.) The petitioners who claim themselves to be the life members of the registered society, which had established the institution, made representation to the Joint Director of Education and whereupon the Joint Director of Education vide letter dated 14.1.2015 issued direction to the District Inspector of Schools to look into the complaint. The District Inspector of Schools issued notice dated 28.2.2015 calling upon the seventh and the eighth respondents to submit their reply. Aggrieved thereby, the seventh and the eighth respondents preferred Writ-C No.26142 of 2015 before this Court contending that after the Committee was accorded recognition by order dated 8.3.2014, it was no more open to the District Inspector of Schools to entertain any complaint in relation to the holding of fresh elections. The writ petition aforesaid was dismissed by this Court by order dated 11.5.2015 holding that since the notice issued by the District Inspector of Schools is not under challenge nor any jurisdictional plea has been raised and consequently there cannot be any obstacle in the way of the District Inspector of Schools in looking into the complaint made before him. Thereafter, the District Inspector of Schools considered the claim made by the petitioners and has rejected the same by impugned order dated 6 February 2016.;


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