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2004 Supreme(All) 1924

MARKANDEY KATJU, SUNIL AMBWANI, K.N.OJHA, SANJAY MISRA, VIKRAM NATH
Committee of Management – Appellant
Versus
Deputy Director of Education – Respondent


Advocates Appeared:
Anil Bhushan, Ashok Khare, SUDHIR AGRAWAL,

SUNIL AMBWANI, J.

( 1 ) THIS Bench has been constituted to decide the scope of the power of the Regional Deputy director of Education, under Section 16-A (7) of the U. P. Intermediate Education Act, 1921 (in short, the Act) in deciding the disputes with regard to rival Committees of Management, claiming actual control over the affairs of the recognized and aided educational institutions.

( 2 ) IN Writ Petition No. 35267/1992, Committee of Management v. Deputy Director of Education, gorakhpur, in the referring order dated 6. 11. 1992, a learned Single Judge was of the opinion that the Division Bench decision in Committee of Management v. Regional Deputy Director of education, (1998) 1 UPLBEC 402 (DB),and the decisions which have held that the Deputy director of Education can go into the question of validity of the elections, needs to be reconsidered by a Larger Bench. In Civil Misc. Writ Petition No. 27735/1995. Committee of management v. Regional Deputy Director of Education, Agra, the question with regard to the powers of the Deputy Director of Education, where he does not find any of the rival Committees to be validity elected, have been referred to the Larger Bench to decide as




















































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