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1998 Supreme(All) 1134

ALOKE CHAKRABARTI
COMMITTEE OF MANAGEMENT, BARNI JAIN UCHCHATTAR MADHYAMIK VIDYALAYA – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
A.K.MEHROTRA, M.N.SINGH, S.N.Singh

ALOKE CHAKRABARTI, J.


( 1 ) IN respect of running the institution concerned, there is a Scheme of Administration duly approved by the Director of Education concerned. After the U. P. Intermediate Education (Amendment) Act, 1980 came into force, the Deputy Director of Education sent show-cause notice stating that the Scheme of Administration of the petitioners institution is not in conformity with the provisions of the amending Act and the Schedule and, therefore, an amendment was proposed. Thereafter orders dated 3. 12. 1985 and 15. 3. 1985 at Annexures-2 and 3 to the writ petition were passed stating that the Committee of Management had not been constituted in accordance with the Amended Scheme of Administration and directing compliance thereof for getting the election completed in accordance with the amended Scheme of administration and thereafter for not complying with the same, directing appointment of authorised controller. Challenging the aforesaid two orders, this writ petition was filed.

( 2 ) HEARD the learned counsel for the petitioner and Mr. A. K. Mehrotra learned standing counsel for the respondents.

( 3 ) THE contention of the petitioner is that after incorporation of


















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