Committee of Management of Shri Nehru Inter College v. District Inspector of Schools Kanpur Dehat
1990-05-22
H.C.MITTAL, V.N.KHARE
body1990
DigiLaw.ai
JUDGMENT 1. Notice on behalf of respondents Nos. 1 and 2 has been accepted by the learned standing counsel. Notice on behalf of respondents 3 and 4 has been accepted by Sri A.K. Singh. 2. Heard learned counsel and we feel that this petition may be disposed of at this stage. 3. The admitted facts are that a dispute has arisen between two rival Committees of Management in respect of their right to run and manage the Institution known as Shri Nehru Inter College Rasdhan, District Kanpur Dehat. By the impugned order dated 5.5.90 the District Inspector of Schools has attested the signature of respondent No. 3. It is settled that once a dispute has arisen between two rival Committees of Management in regard to the legality of their constitution the District Inspector of Schools has no authority to attest the signature of the Manager of one Committee of Management or the other. In view of this the order dated 5.5.90 deserves to be quashed. 4. Consequently the writ petition is allowed and the order dated 5.5.90 is quashed. 5. We, however, make it open to the parties to make a representation to the Regional Deputy Director of Education, Kanpur, in this regard and in case such a representation is made, we hope and trust that the same is decided under Section 16-A (7) of the U.P. Intermediate Education (Amendment) Act at an early date.