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1998 Supreme(All) 968

O.P.GARG
COMMITTEE OF MANAGEMENT, DWARIKA PRASAD SECONDARY SCHOOL, JAUNPUR – Appellant
Versus
DY. DIRECTOR OF EDUCATION, AZAMGARH – Respondent


O. P. GARS, J.


( 1 ) THESE are two connected writ petitions in which common questions of law and facts are involved. They are, therefore, being decided by this common judgment.

( 2 ) THERE is a registered society, known as Janta Junior High School. Anapur. Dashrathpur. district Jaunpur, which was for the first time registered on 16. 9. 1994 under the Societies registration Act. The society has its own bye-laws and also Scheme of Administration, in pursuance of which, it runs as Higher Secondary School, known as Dwarika Prasad Higher secondary School, Jaunpur, which is an aided and recognised institution. Incidentally, in the present case, there is a common committee of management of the society as well as the institution which it runs. The period of the committee of management is three years.

( 3 ) THE last elections of the committee of management admittedly were held on 8. 8. 1993 in which mata Prasad Misra and Devta Deen Pandey were respectively elected as President and Manager. The term of the committee of management was to expire on 7. 9. 1996 by which date the new committee of management should have come into being. Therefore, with the permission dated 23. 8. 1996 obtained fro














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