A.K.Yog, J. - (1.) Petitioner No. 1 claiming to be Committee of Management Public Higher Secondary School, Anthari Nidhuri, District Sant Kabir Nagar, has filed this petition under Article 226, Constitution of India and seeks to challenge the orders dated 27th March. 1999 and 8th June, 1999 (Annexures-6 and 7 to the Writ Petition respectively).
(2.) By means of the order dated 27th March, 1999 District Inspector of Schools purports to have refused to recognize the petitioner's Committee of Management and, on the other hand, held that Committee of Management allegedly constituted on 25th September, 1996 represented by Maqbool Ahmad was valid and recognized. The District Inspector of Schools thereafter vide impugned order dated 8th June, 1999 (Annexure-7 to the Writ Petition) recognised alleged Committee of Management represented by Chaudhary Javed Ahmad Khan on the basis of alleged elections held on 23rd June, 1999. The District Inspector of Schools further attested signature and sent the same to Accounts Officer, Siddarth Nagar.
(3.) At the out set Court raised objection against challenge to the order dated 27th March, 1999 (Annexure-6 to the Writ Petition) on the ground that Petitioner has not acted diligently and was guilty of laches. As far as challenge to the said order is concerned, learned Counsel for the petitioner drew notice of the Court to the contents of Paragraph Nos. 18 and 19 of the Writ Petition which show that Petitioner has filed representation in the light of ratio laid down in the case of Shandar Hussain, reported in 1995(2) Allahabad Civil Journal 1244 and it was entertained by Joint Director of Education. Basti Region Basti as contended by the Petitioner. The Joint Director of Education, according to the Petitioner superseded the order of District Inspector of Schools dated 27th March, 1999 and commanded the said authority to hold elections in terms of the directions given vide order dated 8th August, 1995 issued by the then Joint Director of Education. Presently office of Joint Director of Education, Basti Region, Basti (Respondent No. 10 is being held by one Dwarika Prasad and Petitioner alleges that, on being approached by other party, said Joint Director of Education has started disputing the genuineness of his own order dated 17th May, 1999.;