Hon’ble Sunil Ambwani, J.—Heard Shri M.D. Singh Sekhar, learned counsel for the petitioner and Shri R.K. Ojha for the respondents.

2. The counter and rejoinder affidavits have been exchanged. With the consent of the parties, the writ petition was finally heard.

3. The Sarvodaya Shiksha Prasar Samiti, Ghosi, Mau (a society registered under the Societies Registration Act) runs a recognized and aided educational institution in the name of Sarvodaya Inter College, Ghosi, Mau. The last undisputed elections of the Committee of Management of the college in accordance with the approved scheme of administration under the U.P. Intermediate Education Act, 1921 and regulations made thereunder was held in the year 1999 for a period of three years in which the elections of the office bearers of the Committee of Management of Shri Lochi Singh as the Manager was approved by the District Inspector of Schools, Mau.

4. Shri Lochi Singh died on 23.11.1999. A meeting of the Committee of Management was convened in which Shri Janardan Pandey-respondent No. 4 was elected as Deputy Manager on 9.12.1999 for the remaining term of the Committee of Management. The District Inspector of Schools verified his signatures on 20.12.1999.

5. The elections to elect a new Committee of Management were not held even after the remaining term of the Committee of Management expired in the year 2002, and upto the year 2005. The District Inspector of Schools appointed Shri Vikram Singh, Asstt. Basic Education Officer, Mau as observer for the elections held on 2.7.2006, in which Dr. Janardan Pandey-respondent No. 4 was again elected as the Manager. He submitted his papers for approval to the Joint Director of Education, Azamgarh, through the District Inspector of Schools, Mau vide his letter dated 11.5.2007 for consideration by the Regional Level Committee.

6. The Regional Level Committee in its meeting dated 14.5.2007 decided to enquire from the District Inspector of Schools, Mau as to whether a new Committee of Management was constituted in the year 2002, and was approved to consider the elections held on 2.7.2006 for approval. The Committee was informed by the District Inspector of Schools vide his letter dated 26.6.2007 that the Committee elected in the year 2002 was not approved by the Regional Committee. The District Inspector of Schools was, thereafter, asked by the Joint Director of Education, Azamgarh by his letter dated 1.9.2007 to make recommendations for appointment of Authorised Controller.

7. The District Inspector of Schools informed the Joint Director of Education, Azamgarh that the roof of one of the rooms in the school had fallen on 5.10.2007 in which 54 students including 23 girl students of Class-11 were injured and that three girl students were also seriously injured on which the District Magistrate along with administration reached on the spot and took rehabilitation measures. The District Inspector of Schools found the outgoing Committee of Management to be responsible for the incident. The Regional Level Committee by its decision dated 8.10.2007 did not find it appropriate to approve the elections dated 2.7.2006 and while rejecting the recommendations for approval the Regional Level Committee directed fresh elections be held under the supervision of an Authorised Controller and accordingly a senior teacher of DIAT was appointed as Authorised Controller to hold elections within two months.

8. Aggrieved by the order the Committee of Management through Dr. Janardan Pandey filed a Writ Petition No. 53222 of 2007. This Court by its order dated 5.11.2007 accepted the argument that the order was passed without giving any opportunity of hearing to the petitioner. The order was set aside with directions to Regional Level Committee to pass fresh orders within four weeks.

9. The Joint Director of Education, Azamgarh Region, Azamgarh has in compliance of the orders of the High Court, communicated to the petitioner and the respondent No. 4 enclosing a copy o