Court No. - 39 Case :- WRIT - C No. - 1595 of 2010 Petitioner :- C/M, Bhagwati Prasad Raghav Krishak Inter College & Anr. Respondent :- State Of U.P. & Others Petitioner Counsel :- Pradeep Kumar,Uma Nath Pandey Respondent Counsel :- C.S.C. Hon'ble Dilip Gupta,J.
Supplementary affidavit filed today be kept on record.
The petitioners have sought the quashing of the notice dated 30th
December, 2009 sent by the Joint Director of Education, Basti
Region, Basti asking the petitioners to appear before the Joint
Director of Education in respect of the elections of the Committee
of Management held on 2nd August, 2009.
It is the contention of Sri Pradeep Kumar, learned counsel for the
petitioners that it was on the basis of the directions issued by the
Court on 7th September, 2007 in Writ Petition No.53872 of 2002
that the elections were held by the Authorised Controller on the
basis of the list of 30 members finalised by the Court in the said
judgment, but the Joint Director of Education has questioned the
list of members and has sought to re-open the issue since the
elections held on 2nd August, 2009 had been approved by the
District Inspector of Schools by the order dated 6th August, 2009.
The matter requires consideration.
Learned Standing Counsel appears for respondent Nos. 1 and 2.
Issue notice to respondent Nos. 3 and 4 by registered post. Steps
may be taken within a week.
The respondents may file the counter affidavit within a period of
four weeks. Rejoinder affidavit, if any, may be filed within two
weeks thereafter.
List this petition for admission/hearing immediately after the
expiry of the aforesaid period.
Till the next date of listing, further proceedings before the Joint
Director of Education pursuant to the notice dated 30th December,
2009 shall remain stayed.
Order Date :- 13.1.2010
SK