Uma Shankar Singh (Respondent No.2) in Committee of Management and Anr. vs District Inspector of Schools,Jaunpur & Anr.

S.R. Alam, J.—This is an application to recall the order dated 1311998 passed in writ petition on the ground that when the case was taken up learnedCounsel for the respondent applicant was in the mid of his argument before another Bench.

The controversy that in the event of two rival committees the District Inspector of Schools is required to refer the dispute to the Deputy Director under Section 16A (7) of the Intermediate Education Act, is squarely covered by the judgment of this Court in the case of Committee of Management, Shri Gandhi Vidyapith Inter College, Ghatampur, Kanpur Dehat and another v. The District Inspector of Schools, Kanpur and another, 1989 (1) UPLBEC 178.

In view of the afore said judgment this Court by its order dated 1311998 directed the District Inspector of Schools to pass a fresh order on the papers submitted by the petitioners as well as the respondent applicant regarding the election of the Committee of Management, after hearing the necessary parties.

Shri Sahi, learned Counsel for the respondentapplicant urged that in fact no dispute exists which requires any reference under Section 16A(7) of the Intermediate Education Act and as such may recall its earlier order dated 1311998 passed on the writ petition.

In para 17 of the writ petition is has been asserted that election was held on 2321997 in which petitioner No. 2 was elected as the manager of the committee of management and consequently, papers were submitted before the District Inspector of Schools on 2421997. In the supplementaryaffidavit it has been further asserted by the petitioners that aforesaid papers were received by the Assistant of the District Inspector of Schools and the petitioner also met with the District Inspector of Schools personally even then by the impugned order the District Inspector of Schools has recognised the election held on 2321997 of which respondent No. 2 has been elected as the Manager.

In this view of the matter this Court by the aforesaid order dated 1311998 directed the District Inspector of Schools to pass a fresh order after considering the grievance of the petitioners and in the event of there being any dispute he shall refer the same, in accordance with law, to the Deputy Director of Education as has been held in the case of Committee of Management, Shri Gandhi Vutyapith Inter College, Ghatampur, Kanpur Dehat and another v. The District Inspector of Schools, Kanpur and another (supra).

Having heard learned Counsel for the respondent applicant I do not find any sustainable ground to recall the order dated 1311998. The application is accordingly rejected.

Application rejected,