Manoj Kumar Gupta, J. - (1.) Heard learned counsel for the petitioners, learned standing counsel for respondents 1 to 3 and Sri R. C. Singh for respondent no.5. Respondent no.4 being only a formal party, notice to the said respondent is dispensed with. The matter has been heard finally with consent of learned counsel for the parties.
(2.) The petitioners have called into question an order dated 27.9.2018 passed by District Inspector of Schools, Bulandshahr, respondent no.3. By the said order, the District Inspector of Schools has found the complaint made by respondent no.5 against co-option of petitioner no.2 on the post of Manager of the Committee of Management of Adarsh Kishan Inter College, a recognised institution under the U.P. Intermediate Education Act, 1921, as correct and has accordingly directed for fresh election being held on the said post.
(3.) The last election of the Committee of Management of the institution was held on 24.9.2014, in which one Mahipal Singh was elected as Manager. His signature was attested on 17.10.2015 by respondent no.3. Mahipal Singh, according to the petitioner died on 3.4.2015. After his death, in a meeting of Committee of Management held on 15.4.2015, the second petitioner, who was Deputy Manager in the Committee of Management, was permitted to work as officiating Manager for the remainder of the term. The District Inspector of Schools, by an order dated 16.4.2015/24.4.2015 attested signatures of petitioner no.2 as Manager. At this stage Writ-C No.41815 of 2015 was filed by one Jogender Singh challenging the attestation of signatures of petitioner no.2. He also prayed for a mandamus commanding the District Inspector of Schools to get election of Manager of the Committee of Management conducted in accordance with Clause 13 of the Scheme of Administration. According to the petitioner of the said writ petition, as per Clause 13, the casual vacancy on post of Manager was required to be filled by election from the general body and not by co-option of the Deputy Manager in meeting of Committee of Management. The said writ petition was entertained and a counter affidavit was invited. It has also been placed before this Court for hearing alongwith the instant writ petition.;