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2006 Supreme(All) 852

V.K.SHUKLA
COMMITTEE OF MANAGEMENT, HARI SHYAM KHADI GRAM UDYOG SEWA SABHA, ALLAHABAD – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates:
Counsel :
Ashok Khare, R.K. Ojha, P.N. Saxena and Shashi Nandan for appearing parties.

JUDGMENT

Hon’ble V.K. Shukla, J.—In first two writ petitions, validity of order dated 1.1.2005 passed by District Basic Education Officer, Allahabad, has been questioned by the Committee of Management, Hari Shyam Khadi Gramodyog Sewa Sabha, Malak Harhar, Allahabad. In Civil Misc. Writ Petition No. 32327 of 2005, Ramesh Chandra Mishra has claimed himself to be the Manager, whereas in writ petition No. 1572 of 2005 Ravindra Kumar has claimed himself to be the Manager of the institution.

2. In the district of Allahabad on 23.9.1968 a society was registered in the name and style of Hari Shyam Khadi Gramodyog Sewa Sangh, Malak Harhar, Allahabad bearing registration No. 1-19147. The said society had established an institution up to Junior High School level known as Uttar Pradesh Balika Junior High School, Malak Harhar, Allahabad. Temporary recognition was accorded to the same on 8.2.1974 and permanent recognition was accorded to the same on 24.6.1976. One Asthbhuja Prasad Dubey had been performing and discharging duties as Manager/Secretary of the society as well as of the institution. On 6.1.1976 an order was passed on behalf of the Director of Education in exercise of power vested under




































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