- (1.) SUGRIV Mani Tripathi, claiming himself to be the Manager of Committee of Management Intermediate College, Pindi, District Deoria has approached this Court for quashing the order dated 18. 11. 2006 passed by Regional Committee headed by Regional Joint Director of Education, as its Chairman and further for issuance of writ in the nature of mandamus commanding respondent No. 2 to consider the recognition of the Committee of Management of petitioners within fortnight from the command of this Court.
(2.) IN the district of Deoria there is an institution known as Intermediate College, Pindi. Said institution is duly recognized under the provision of U. P. Act No. II of 1921 and the said institution has its own approved Scheme of Administration framed in exercise of power vested under section 16-A of U. P. Act No. II of 1921. Last election of the Committee of Management of the institution has been held on 8. 8. 2004. In the said election Rajiv Kumar Ram Tripathi, has been shown to have been elected as Manager and Dr. Trivikram Mani Tripathi was fleeted as President, Smt. Indu Devi was elected as Secretary and Ravindra Bahadur Singh was elected as Vice President alongwith other office bearers and papers were transmitted to District Inspector of Schools for further transmission of the same to the Regional Level Committee constituted under Government Order dated 19. 12. 2000 for according approval to the said election. It has been stated that Rajiv Kumar Ram Tripathi started functioning against the interest of the society and similarly against the institution and in this background General Body of the institution which elected him as Manager called meeting on 21. 5. 2006 for no confidence motion. It has been contended that said meeting was held wherein out of 12 members 8 members have participated and each one expressed no confidence against the Manager, Rajiv Kumar Ram Tripathi and thereafter it has been contended that petitioner No. 2 Sugriv Mani Tripathi has been elected as Manager for remaining period and papers were transmitted and further assertion has been made that District Inspector of Schools on 22. 5. 2006 forwarded the entire papers to Regional Joint Director of Education, Gorakhpur for placing the same before the Regional Level Committee for approval. On 5. 8. 2006 the Regional Joint Director of Education, Gorakhpur asked for certain information and thereafter it has been contended that District Inspector of Schools has requested to take decision on said aspect of the matter. Petitioner has contended that thereafter order impugned has been passed. At this juncture present writ petition has been filed.
(3.) COUNTER affidavit has been filed and therein it has been contended that dispute has arisen on account of Secretary Indu Devi, as her nephew has not been favoured by the Manager and it has also been contended that allegation levelled are bogus and no confidence has been dubbed to be paper work. It has also been stated that persons who are purported to have participated in the no confidence have disowned the said proceedings. It has also been stated that Sugriv Mani Tripathi himself filed affidavit contending therein that he has no objection in functioning of contesting respondents as its Manager. Allegation leveled have also been disputed. It has also been contended that ten incumbents have already expressed confidence in contesting respondent No. 4. In this back-ground no interference is warranted.;