- (1.) There is a recognised minority Inter College by the name of Khair Industrial Higher Secondary School, Basti, (for short called the institution). One Syed Alauddin claiming to be President /Secretary of the said institution filed present petition in the name of Comm. Of Management of the institution and also in his personal capacity and sought to challenge order dated 26.02.1999 passed by D.I.O.S., Respondent no. 1 (Annexure-6 to the Writ Petition).
(2.) The said impugned order is said to have been passed on the basis of opinion obtained from SC; true copy of the said opinion dated 12.02.1999 has been annexed as Annexure no. 7 to the petition. It is sad to note that SC appointed by the State Government at the High Court gave opinion against record. The SC ought to have desisted from giving such opinion, which was apparently aimed to help a litigant out of way. The D.I.O.S. should have also applied his own mind and relied upon his wisdom. It is high time, that court must take notice of the fact that opinions are obtained from SC and concerned D.G.C.(Civil) for extraneous consideration which are, peruse record, given for strengthening hands of one or the other unscrupulous litigant. Authorities and officials who are involved in such racket cannot be said to be above board. Their on integrity comes under shadwo of doubt. In the facts of this case, it is appropriate that a copy of this judgement shall be sent to the chief Secretary, U.P. Government for initiating enquiry and suitable action against concerned DIGS and to ensure to check on such practices in future.
(3.) One Sri Dwarika Prasad, the then DIGS vide his order dated 17.10.1998 held that none of the three rival contending parties could be recognized as legally constituted Committee of Management.;