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2008 Supreme(All) 2377

ASHOK BHUSHAN, ARUN TANDON
COMMITTEE OF MANAGEMENT, ARYA KANYA INTER COLLEGE, BULANDSHAHAR – Appellant
Versus
STATE OF U. P – Respondent


Advocates:
Counsel :
Bheem Singh for the Appellants; S.C. for the Respondents.

JUDGMENT

By the Court.—Heard learned counsel for the parties.

2. This intra Court appeal is directed against the judgment and order of the Hon’ble Single Judge dated 9th October, 2007, whereby writ petition No. 49367 of 2007 filed by the appellant has been dismissed after recording that the controversy raised in the writ petition is covered by the Judgment of this Court in the case of Committee of Management, Devraha Baba Inter College and others v. Regional Joint Director of Education, 7th Region Gorakhpur and another, 2005 (4) ESC 2692. The Hon’ble Single Judge has upheld the order impugned which provides that the relevant clause of the amendment in the scheme of administration extending the term of the elected Committee of Management from 3 years to 5 years would be applicable only in respect of the Committee of Management, elections whereof take place subsequent to the approval of the amendments by the Regional Joint Director of Education.

3. Challenging the judgment and order of the Hon’ble Single Judge, learned counsel for the appellant contends that the power to make amendments in the scheme of administration has been conferred under Section 16-A (5) of the U.P. Intermediate


























































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