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2011 Supreme(All) 3433

SUNIL HALI
LAXMAN SINGH – Appellant
Versus
STATE OF U. P. – Respondent


Advocates Appeared:
Chandan Sharma, Ranjit Saxena, U.N. Sharma, S.M.A. Kazmi, Saiful Islam Siddiqui and Tahira Kazmi for the Petitioners; C.S.C., C.B. Yadav, K.N. Mishra, S.K. Tyagi and Nesheeth Yadav for the Respondents.

JUDGMENT

Hon’ble Sunil Hali, J.—Dispute in this writ petition relates to genuineness of the list of members of the General Body. Petitioners have questioned the order passed by the respondent No. 4 who vide his order dated 1.6.2007 has rejected the list submitted by the petitioners and affirmed the list submitted by the respondent No. 6. Question that fall for consideration in this writ petition is as to whether the District Inspector of Schools (in short DIOS) could examine the validity of the members constituting the General Body of the electoral college of the Society for the election of the Committee of Management.

2. The Jawahar Inter College is an Educational Institution (hereinafter referred as ‘Institution’) which is run and managed by the Committee of Management elected in accordance with the scheme of Administration, which is duly approved by the Director of Education. It is contended by learned counsel for the petitioners that he was elected as Manager of the Institution from 1996-03. Petitioner was elected as Manager on 16.10.2002 which was again subject-matter of challenge before the appropriate authority. Regional Committee after examining the rival contention of the p































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