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1998 Supreme(All) 882

O.P.GARG
COMMITTEE OF MANAGEMENT, J. V. INTER COLLEGE – Appellant
Versus
DEPUTY DIRECTOR OF EDUCATION (MADHYMIK), SAHARANPUR – Respondent


Advocates Appeared:
Malik S.Uddin, R.Rai, S.U.KHAN, V.K.SHUKLA

O. P. GARG, J.

( 1 ) BY means of this writ petition under Article 226 of the Constitution of India, it is prayed that the impugned order dated 13-1-1998, Annexure 12 to the writ petition, passed by the Deputy Director of Education, (for short dde) (Madhyamik), Saharanpur Region, Saharanpur be quashed and the respondent No. 1 be commanded to appoint Prabandh Sanchalak forthwith in exercise of the powers vested in him under clause 8 of the amended Scheme of Administration with a view to complete the process of elections of the members and the office bearers of the Committee of Management from out of 116 members of the General Body of the Society.

( 2 ) COUNTER and rejoinder affidavits have been exchanged and, therefore, this writ petition is being finally disposed of, on merits.

( 3 ) HEARD Sri V. K. Shukla, learned counsel for the petitioners and Sri S. U. Khan for the respondent No. 3 as well as learned Standing Counsel for the respondents Nos. 1 and 2.

( 4 ) THE only question which arises for consideration and determination in the present writ petition is where in the absence of any provision for appeal or revision, a Regional Deputy Director (Madhyamik) is empowered and authorised












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