S.P.Mehrotra, J. - (1.) THE present writ petition has been filed by the petitioners, inter alia, praying for quashing the order dated 4.2.2009 (Annexure-15 to the writ petition) passed by the respondent No. 4 (State Government) under Section 16D (4) of the U. P. Intermediate Education Act, 1921.
(2.) BY the said order dated 4.2.2009, the Committee of Management in respect of the institution in question has been placed under suspension, and the Assistant District Inspector of Schools, Aligarh has been appointed as the ex officio Authorized Controller in respect of the institution in question for managing the institution and its property during the period of suspension. The petitioners claim to have been elected in the election held on 20.11.2007. It is averred in paragraph 20 of the writ petition that the papers in regard to the said election were sent to the Regional Level Committee on 24.12.2007 alongwith the Communication dated 24.12.2007 (Annexure-14 to the writ petition) for the purpose of according approval.
(3.) IT is admitted by Sri Prabhakar Awasthi, learned counsel for the petitioners that the matter of approval in regard to the election alleged to have been held on 20.11.2007, is still pending before the Regional Level Committee. In my opinion, challenge to an order passed under Section 16D (4) of the U. P. Intermediate Education Act, 1921 may be made by a Committee of Management which is duly recognized by the concerned authorities. In case, the matter of recognition/approval of the Committee of Management which claims to have been elected, is still pending before the concerned authorities, such Committee of Management has no locus standi to challenge the order passed under Section 16D (4) of the U. P. Intermediate Education Act, 1921.;