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2016 DIGILAW 1589 (ALL)

Kisan Higher Secondary School v. State of U. P.

2016-04-27

MANOJ KUMAR GUPTA

body2016
JUDGMENT Manoj Kumar Gupta,J. Heard counsel for the petitioners and the learned standing counsel for the State respondents. 2. The instant writ petition has been filed by the Committee of Management of Kisan Higher Secondary School, Rehmatpur, Mafi, district Kasganj, which is a recognised Institution under the provisions of U.P. Inintermediate Education Act, 1921. Under the approved Scheme of Administration, the term of the Committee of Management is 3 years. The Regional Level Committee by order dated 20 June 2015 approved the election of the Committee of Management held on 30 September 2013, in which the second petitioner was elected as President and one Ram Pal Singh as Manager. Ram Pal Singh, the Manager died on 2 November 2015. According to the third respondent, which is represented by Raj Pal Singh, he being the Deputy Manager was permitted by the Committee of Management by resolution No. 2 to perform the functions of the Manager until the next elections. It seems that documents relating thereto were submitted by the third respondent before the District Inspector of Schools and whereupon the District Inspector of Schools by order dated 15 December 2015 recognised Raj Pal Singh as Manager and also attested his signatures by a separate order dated 10 November 2015. Aggrieved by the said order, the petitioners have preferred the instant writ petition. 3. Learned counsel for the petitioners submitted that in fact, no resolution was ever passed by the Committee of Management permitting Raj Pal Singh to work as Manager. He further submitted that Raj Pal Singh had never been the Deputy Manager nor he is even a member of the General Body. It is submitted that the order was procured by the third respondent by filing forged documents. 4. After considering the submissions made by learned counsel for the petitioners, this Court is of the opinion that the plea which is being raised by the petitioners before this Court involves determination of disputed questions of fact and for which appreciation of evidence is required. The petitioners have already filed a representation on 20 February 2016 before the second respondent, in which prayer has been made to cancel the order recognising Raj Pal Singh as Manager. The said representation is still pending. The petitioners have already filed a representation on 20 February 2016 before the second respondent, in which prayer has been made to cancel the order recognising Raj Pal Singh as Manager. The said representation is still pending. This Court is of the opinion that interest of justice would be served in directing the second respondent to consider the application filed by the petitioners after due notice and opportunity of hearing to the third respondent. The aforesaid exercise be carried out by the second respondent in accordance with law, expeditiously and preferably within a period of two months from the date of communication of this order. 5. It is ordered accordingly. 6. It is clarified that this Court has not expressed any opinion on the merits of the issues and the same shall be determined by the second respondent independently without being influenced by any observation made in this instant order. The writ petition stands disposed of as above.