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2006 Supreme(All) 3330

RAKESH TIWARI
Uttam Nisad – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates Appeared:
For the Appellant : Ashok Khare and S.D. Shukla.
For the Respondent: Rajendra Rai and N.N. Rai and C.S.C.

JUDGMENT :

Rakesh Tiwari, J.

Sri Durgaji Inter College Chiotidan, Nai Bazar, Mau is a recognized and aided institution governed by the provision of U.P. Intermediate Education Act, 1921 (U.P. Act No. 24 of 1971). The institution has an old scheme of administration approved by the Deputy Director of Education for its management. Clause 10 of the old scheme of the management provides filling of casual vacancy and Clause 11 empowers the President under the scheme to convene the meeting on the written proposal of 4 members and the procedure with regard to conduct of any meeting under Clause 12.

2. The undisputed election of the Committee of Management took place in the year 2003. In the said election Sri Salik Ram Upadhyaya was elected as President/Manager and the petitioner Sri Uttam Nisad was elected as Vice President whereas the respondent No. 5, Sri Rajendra Prasad Naik was elected as member of the Executive Committee. The said election was granted recognition by the educational authorities. Clause 10, 11 and 12 of the old scheme of administration is as under:

10- mik/;{k&v/;{k dh vuqifLFkfr vFkok infjDr dh fLFkfr esa /kkjk & dh mi/kkjk ¼1½ ls ¼7½ rd esa mfYyf[kr vf/kdkjksa dk mi;ksx




















































































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