C/M Dav Inter College And Another vs State Of U.P. Thru Secy. And Others
2013 Latest Caselaw 12 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

Reserve
 
											     AFR
 
Court No. - 28
 

 
Case :- WRIT - C No. - 47792 of 2012
 
Petitioner :- C/M Dav Inter College And Another
 
Respondent :- State Of U.P. Thru Secy. And Others
 
Petitioner Counsel :- Sunil Kumar Srivastava,Ashok Khare
 
Respondent Counsel :- C.S.C.,Dharmendra Srivastava,Ramesh Upadhyaya
 

 
Hon'ble B. Amit Sthalekar,J.

This is a writ petition has been filed by the petitioners challenging the orders dated 3.4.2012 and 18.8.2012 passed by the Joint Director of Education, Azamgarh Region, Azamgarh and the order dated 22.8.2012 passed by the District Inspector of Schools, Azamgarh.

There is an Intermediate College known as D.A.V. Inter College, Azamgarh which is duly recognised and an aided Institution and governed by the provisions of the U.P Intermediate Education Act, 1921 and the Uttar Pradesh High Schools and Intermediate Colleges (Payment of Salaries to Teachers and Employees Act), 1971 (hereinafter referred to as the Act, 1971). The Institution is administrated under the Scheme of Administration in terms of the provisions of Section 16-A of the Act, 1971. There is a Committee of Management of the Institution and the term of the Committee as per its Bye-Laws was one year after which elections were required to be held and which was later on amended to three years by the order of the Joint Direction of Education dated 17.3.1998. Clause VI of the Scheme of Administration provides that there would be total 18 members in the Committee of Management, out of which 15 would be elected by the general body of the Arya Vidya Sabha and the remaining were would be ex-officio members. Clause VIII of the Scheme of Administration initially provided that the term of the Committee would be one year which, as stated, was subsequently amended to 3 years. The Scheme of Administration was again amended and the term of the Committee of Management is five years which has also been approved by the Joint Director of Education, Azamgarh by order dated 13.10.2008. Elections have been held from time to time of the Committee of Management of the Institution. In the election held on 16.7.1995, the petitioner no.2 was elected as the Manager. Approval was also granted by the D.I.O.S., Azamgarh on 9.8.1995. The term of the Committee then being one year elections were held on 3.11.1996 in which the petitioner no.2 was elected as Manager and approval was also granted and signatures attested on 7.11.1996 by the D.I.O.S., Azamgarh.

On 10.2.1997 an order was passed by the Regional Deputy Director of Education (Secondary), Azamgarh which referred to a Management dispute having come into existence on account of a rival claim set up and accordingly the D.I.O.S., Azamgarh was appointed as Prabandh Sanchalak. The petitioners challenged the said order by filing writ petition no. 6457 of 1997, which was disposed of by a learned Single Judge of this Court by judgment dated 26.2.1997 directing the parties to appear before the Deputy Director of Education (Secondary), Azamgarh on 10.3.1997 and it was further directed that till the decision of the Deputy Director of Education, the petitioners' Committee of Management would continue to function as such.

On 13.3.1997, the Deputy Director of Education, Azamgarh passed order directing that the Committee of Management headed by the petitioner no.2 would continue to manage the Institution till decision of the controversy. Final order was passed by the Regional Deputy Director of Education (Secondary), Azamgarh on 6.6.1997 by which one Sri Sita Ram Shastri was held to be the President of the Arya Vidya Sabha and D.A.V. Inter College, but it further directed holding a fresh election on account of a dispute which had arisen with regard to the Committee of Management. The D.I.O.S., Azamgarh was appointed as Prabandh Sanchalak and was directed to hold fresh election within two months and hand over charge to the newly elected Committee of Management.

Aggrieved, the petitioners challenged the order dated 6.6.1997 by filing Writ Petition No.20281 of 1997, in which notices were issued by the Court on 17.6.1997 and till the next date of listing the order dated 6.6.1997 passed by the Regional Deputy Director of Education was stayed. In pursuance of the stay order the petitioners' Committee of Management continued to function. Sometime, in 1996, the Committee of Management had also submitted a proposal for amending the Scheme of Administration raising the term from one year to three years which was approved by the Joint Director Education, Azamgarh by the order dated 17.3.1998. Accordingly, fresh elections of the Committee of Management were held on 31.10.1999, in which the petitioner no.2 was again elected as Manager. The Election was also approved by the D.I.O.S., Azamgarh by his order dated 30.5.2000. Thereafter elections were held on 3.11.2002 in which again the petitioner no.2 was elected as Manager.

The aforesaid election on 3.11.2002 was questioned by one Sri Rajeev Kumar Arya, respondent no.5, who claimed to have been elected as Manager in separate elections. The D.I.O.S., Azamgarh referred the controversy by his letter dated 26.11.2002 for adjudication by Joint Director of Education, Azamgarh in terms of the provisions of Section 16-A (7) of the Act, 1921. The Joint Director of Education, Azamgarh by his order dated 17.12.2002 appointed an Authorised Controller till the decision of the controversy.

Aggrieved, by the order dated 17.12.2002, the petitioners again filed a Writ Petition No.104 of 2003, in which notices were issued and the order dated 17.12.2002 was stayed till the decision of the dispute by the Regional Committee. The parties were also directed to submit their written argument before the Joint Director who was the Chairman of the Regional Committee. Since the order appointing the Prabandh Sanchalak had been stayed by the High Court by the order dated 6.1.2013 the petitioners' Committee of Management continued to function as such. Thereafter election became due in 2005 and the same were notified for 16.10.2005 and 24.10.2005 and an intimation was given to the D.I.O.S., Azamgarh requesting to appoint an Election Supervisor.

The D.I.O.S., Azamgarh by his order dated 24.10.2005 appointed one Sri Govind Pratap Singh as Election Supervisor. Elections were held and the petitioner no.2 was again elected as Manager of the Committee of Management. Thereafter all the papers were submitted to the D.I.O.S., Azamgarh and the petitioners' Committee of Management thereafter started functioning as such. On the expiry of three years again elections become due in 2008 and were accordingly notified on 2.10.2008 and 19.10.2008 and intimation was given to the D.I.O.S. to appoint an Election Officer. The D.I.O.S., Azamgarh by the order dated 7.10.2008 appointed the Nagar Shiksha Adhikari, Azamgarh as Election Officer. The election schedule was accompanied by a list of members entitled to participate in the elections. This list contained names of 160 persons as life members of the general body of the Arya Vidya Sabha, Azamgarh (Annexure-9 to the writ petition). Elections were held and again the petitioner no.2 was elected as Manager. The Election Supervisor submitted his report on 20.10.2008 and the D.I.O.S., Azamgarh approved the aforesaid elections by his order dated 5.11.2008. In the meantime, the Scheme of Administration was again amended and the term of three years was now enhanced to five years and the same was also approved by the D.I.O.S., Azamgarh by his order dated 5.11.2008.

It is stated that on 17.12.2008 some representations were filed by the respondent no.5, on which it was directed by the D.I.O.S. to make a reference to the Joint Director of Education. Notices were issued to the petitioner on 24.6.2009 to submit their reply. It was stated therein that the Writ Petition No. 20281 of 1997 filed by the petitioners had been dismissed by the High Court on 30.3.2009, as a consequence of which the earlier order dated 6.6.1997 stood revived. The petitioners thereupon filed a Recall Application on 29.6.2009 before the High Court seeking recall/restoration of the order dated 30.3.2009. The said application was allowed by the learned Single Judge by order dated 30.10.2009 and the Court thereafter heard the matter dismissed the same as having become infructuous in view of the subsequent elections of the Committee of Management being held. However, so far as the notice of the D.I.O.S. dated 24.6.2009 is concerned, the petitioners filed their reply on 26.6.2009. On 14.7.2009, the D.I.O.S., Azamgarh passed an order withdrawing its earlier order dated 5.11.2008 by which recognition had been granted to the petitioners' Committee of Management and thereafter it granted recognition to the respondent no.5, Rajiv Kumar Arya as the Manager of the Institution. The D.I.O.S., Azamgarh also attested the signatures of respondent no.5 as the Manager of the Institution.

Aggrieved, the petitioners filed Writ Petition No. 36545 of 2009 which was allowed by the learned Single Judge of this Court by judgment dated 24.7.2009 and the order of the D.I.O.S., Azamgarh dated 14.7.2009 was quashed and the matter was remitted to the D.I.O.S. for reconsideration and passing of appropriate orders.

Meanwhile, the Assistant Registrar, Firms, Societies and Chits passed an order dated 18/20.9.2010 determining the members of the general body pursuant to an order passed by the Chancellor of the Purvanchal University, Jaunpur dated 6.10.2009 and the judgment of this Court dated 7.7.2010 passed in Writ Petition No. 38668 of 2010. The Assistant Registrar held that the bye-laws of the Society as originally registered on 17.10.1928 were the only registered bye-laws and no amendment subsequent thereto had been registered. It has also recorded a finding that the general body of the Society comprised of 156 valid members. According to the petitioners this list of members is the same as the list issued by the Election Supervisor on 20.10.2008 to the D.I.O.S., Azamgarh on the basis of which the Elections of the Committee of Management held on 12.10.2008 and 19.10.2008 had been approved by the D.I.O.S. by his order dated 5.11.2008.

The respondent no.5 is stated to have challenged the order of the Registrar dated 18/20.9.2010 by filing Writ Petition No. 15096 of 2011 in which this Court is stated to have directed by the order dated 14.3.2011 that the elections held shall be subject to the decision of the writ petition. In the meantime, before the Joint Director of Education, the petitioners filed representations dated 6.10.2010, 26.9.2011, 18.11.2011 and 21.1.2012. The petitioner no.2 also appeared before the Joint Director of Education on 21.3.2012 with all the original records in terms of the order of the Joint Director of Education dated 12.3.2012 and the petitioners also filed a representation dated 27.8.2009. The Joint Director of Education, Azamgarh by the impugned order dated 3.4.2012 has declined recognition to the election of the Committee of Management of the petitioners and has instead granted recognition to the Committee of Management of the respondent no.5 stated to have been held on 19.6.2011 and recognised one Sri Amrish Kumar Srivastava as President and Rajeev Kumar Arya as Manager. The petitioner thereupon filed an application dated 4.4.4012 before the Joint Director of Education on 9.4.2012 who fixed 28.4.2012 for hearing and the order dated 3.4.2012 was kept in abeyance. According to the petitioners, the respondent no.5 avoided participating in the hearing and instead filed Writ Petition No. 27200 of 2012 challenging the order of the Joint Director of Education dated 9.4.2012 and the order of the D.I.O.S. dated 10.4.2012. The writ petition was disposed of by the learned Single Judge of this Court by judgment dated 29.5.2002 and a direction was issued to the Joint Director of Education to pass final order within a specified period and till then the parties were directed to maintain status quo as on 29.5.2012.

The order of the learned Single Judge dated 29.5.2012 was challenged by Rajeev Kumar Arya, respondent no.5 in Special Appeal No. 1186 of 2012. The said Special Appeal was allowed by the Division Bench of this Court by judgment dated 6.8.2012 (Annexure-22 to the writ petition). The Division Bench set aside the order of the learned Single Judge dated 29.5.2012 relying upon the decision of the Supreme Court in the case of Kuntesh Gupta Vs. Management of Hindu Kanya Mahavidyalaya, Sitapur (Uttar Pradesh) reported in AIR 1987 SC 2186 holding that the Regional Joint Director of Education had no power to review his own order passed on 3.4.2012. However, liberty was granted to the respondents (petitioners herein) to challenge the order dated 3.4.2012. In pursuance thereto the D.I.O.S., Azamgarh has passed the consequential impugned order dated 22.8.2012.

Hence the present writ petition.

I have heard Sri Ashok Khare, learned Senior Counsel assisted by Sri Sunil Kumar Srivastava for the petitioners and the learned Standing Counsel representing respondents 1 to 4 and Sri Ramesh Upadhyay, learned counsel for the respondent no.5.

Sri Ashok Khare, learned Senior Counsel submitted that the observations of the Joint Director of Education, Azamgarh Division, Azamgarh in the impugned order dated 3.4.2012 that after the writ petition of the petitioner being Writ Petition No. 20281 of 1997 had been dismissed, the order under challenged therein dated 6.6.1997 stood revived was wholly illegal and misconceived. The submission is that the Writ Petition NO. 20281 of 1997 was dismissed in default by the Court by the order dated 30.3.2009 and thereafter the petitioner had moved a restoration application no. 58626 of 2009 and on that application the order dated 30.3.2009 had been recalled and the writ petition was restored to its original number. Thereafter the Court had proceeded to hear the matter on merits and on 3.10.2009 itself the Court had dismissed the writ petition as having become infructuous on account of the fact that subsequent elections had been held by both the contesting sides which are under challenge before the various authorities. Thus, it is submitted that since after of the order dated 6.6.1997 several elections had been held and in all the elections the petitioners' Committee had been elected and the petitioner no.2 had been elected as Manager, therefore the question of revival of the order dated 6.6.1997 did not arise, as much water had flown during the intervening period.

It was further submitted that the elections have been held in terms of the bye-laws of the Society as framed in 1928 and the same had also been recognized to be the valid and only bye-laws by order dated 18/20.9.2010 passed by the Assistant Registrar Firms, Societies and Chits Azamgarh Division, Azamgarh (Annexure-14 to the writ petition). Sri Khare further submitted that the said order continues to operate and no stay order has been passed in respect of the said order in Writ Petition No. 15096 of 2011 filed by the respondent no.5. He also submitted that that the Writ Petition No. 41969 of 2006 reference of which has been made in the impugned order in which the order dated 11.8.2006 was passed was a matter with regard to the validity of the membership of the Committee of Management of the Society and that was wholly different matter which had no bearing so far as the elections to the Committee of Management of the college are concerned.

Per contra, it has been submitted by Sri Ramesh Upadhyay, learned counsel for the respondent no.5 that after the dismissal of the Writ Petition No. 20281 of 1997 disapproving the elections of the petitioners on the ground that the petitioner No.2 was not a member of the general body and his membership had been terminated by the resolution of the general body the order dated 6.6.1997 stood revived.

He further submitted that the impugned order dated 3.4.2012 had been passed by the Joint Director of Education under the orders of the High Court passed in Writ Petition No.36545 of 2009 which was filed challenging the order dated 14.7.2009. The learned Standing Counsel representing the respondents also supported the findings recorded by the Joint Director of Education in the order dated 3.4.2012.

The learned counsel for the respondents has also referred to an order dated 19.12.2012 passed in Writ Petition No.27716 of 2001 filed by the Executive Committee of Arya Vidya Sabha, Azamgarh through its Secretary Vinod Kumar Srivastava in which an interim order was granted on 6.8.2001. The background of the said writ petition was that the Assistant Registrar Firms, Societies and Chits, Azamgarh had made a reference to the Prescribed Authority on 29.11.1996 on the basis of which Reference No. 21 of 1996 was registered under Section 25 (1) of the Societies Registration Act, 1860. The said Reference was decided by the Prescribed Authority on 7.12.2000 in favour of the petitioners. One Krishna Kumar Asthana challenged the order dated 7.1.2000 before the High Court in Writ Petition No. 9587 of 2001 in which no interim order was passed and subsequently the writ petition was dismissed as infructuous by order dated 23.7.2010. Sri Krishna Kumar Asthana filed a Review Petition which was entertained by the High Court and a stay order was granted on 6.8.2001. The Writ Petition No. 27716 of 2001 was decided by a learned Single Judge of this Court by judgment dated 19.7.2011 on the above assumption that the Reference No.21 of 1996 was still pending and a direction was given to the Sub Divisional Officer to decide the Reference expeditiously. The petitioners thereafter filed a Review Petition pointing out the correct facts and the Review Petition was allowed by the High Court by judgment dated 31.1.2012 and the order dated 19.7.2011 was recalled. The Writ Petition No. 27716 of 2001 has now been dismissed by the order dated 19.12.2012. The Court has held that the Prescribed Authority was of the view that the order passed on 7.12.2000 was an ex parte order and therefore, the said order has been recalled and the case was directed to be decided on merit after hearing the parties on 28.7.2001. The High Court has further held that since the right of the petitioner of the Writ Petition No. 27716 of 2001 has not been finally determined by the Prescribed Authority he cannot be adversely affected and therefore, the writ petition was dismissed.

I have considered the rival submissions of the learned counsel for the parties and perused the documents on record. From a perusal of the impugned order dated 3.4.2012, it is noticed that the foundation thereof is the dismissal of the Writ Petition No. 20281 of 1997 filed by the petitioner challenging the order dated 6.6.1997 passed by the Regional Deputy Director of Education (Secondary), Azamgarh recognizing Sri Sita Ram Shastri as the President of the Arya Vidya Sabha and the D.A.V. Inter College but it directed holding of fresh elections of the Committee of Management. The D.I.O.S., Azamgarh was appointed as Prabandh Sanchalak with a direction to hold fresh elections. The said order was challenged by the petitioner by filing Writ Petition No. 20281 of 1997 in which an Interim order was granted by this Court on 17.6.1997 staying the operation of the order dated 6.6.1997. It is not disputed by the respective parties that thereafter several elections were held of the Committee of Management of the College in which the petitioner no.2 was elected as Manager. No doubt a rival claim was set up by the one Sri Rajeev Kumar Arya claiming to be a Manager of a rival Committee of Management, respondent no.5, and the said dispute was, therefore, referred to the Joint Director of Education, Azamgarh for adjudication in terms of the provisions of Section 16-A (7) of the U.P. Intermediate Education Act, 1921. The Joint Director of Education thereafter passed an order dated 17.12.2002 appointing an authorized controller for the Institution.

The records show that the said order dated 17.12.2002 was challenged by the petitioners by filing Writ Petition No.104 of 2003 in which a stay order was also granted on 6.1.2003. This stay order was to remain in operation till the dispute by the Regional Committee pursuant to the reference made to it regarding the alleged election of October, 2002 of the petitioners and of June, 2002 of the respondent no.5. Since there was no restraint on the holding of elections by the petitioners, the petitioners notified fresh elections on 16.10.2005 and 24.10.2005 for which the D.I.O.S., Azamgarh also appointed one Sri Govind Pratap Singh as Election Supervisor. In the elections so held, the petitioner no.2 was elected as Manager. Thereafter election again become due in 2008 and the same was again notified by the petitioners for 12.10.2008 19.10.2008. Again the D.I.O.S., Azamgarh by his order dated 9.10.2010 appointed the Nagar Shiksha Adhikari, Azamgarh as the election Supervisor. In the resultant elections, the petitioner no.2 was elected as Manager which was also approved by the D.I.O.S., Azamgarh on 5.11.2008. However, in the meantime, the respondent no.5 informed the D.I.O.S., Azamgarh about the dismissal of the Writ Petition No.20281 of 1997 whereupon the D.I.O.S., Azamgarh passed an order on 14.7.2009 revoking his earlier order dated 5.11.2009 granting approval to the elections of the Committee of Management of the petitioners. As already noted above the petitioner filed a restoration application no. 158623 of 2009 and the order dated 30.3.2009 dismissing the writ petition was recalled and after hearing the counsel for the parties on merit, the Court dismissed the writ petition as having become infructous in view of the subsequent elections which had already been held during the intervening period of time. The Joint Director of Education in the impugned order dated 3.4.2012 held that with the dismissal of the writ petition as having become infructuous the earlier order dated 6.6.1997 stood revived. This assumption is wholly illegal and erroneous in view of the specific observations made by the High Court while passing the order dated 30.10.2009 holding that the Writ Petition No.20281 of 1997 had become infructuous in the light of the subsequent elections and that order had been passed on merit after hearing the learned counsel for the parties.

Assuming for a moment that there was a dispute with regard to the membership of the Society, the said dispute is before the High Court and has not been concluded so far. Even, otherwise, a dispute relating to the Committee of Management of the Society is wholly different from any dispute relating to the Committee of Management of the Inter College.

As already noted above, the dispute with regard to the membership of the general body of the Society may be still under consideration but that in itself will not in-validate the election of the petitioner which is held on the basis of the valid members of the general body as determined by the Assistant Registrar, Firms, Societies and Chits.

Section 16-A of the U.P. Intermediate Education Act, 1921 begins with non-obstante clause and provides that notwithstanding anything in any law, document or decree or order of a Court or other instrument, there shall be a Scheme of Administration for every Institution. This Scheme of Administration shall provide for the Constitution of a Committee of Management vested with authority to manage and conduct the affairs of the Institution. Section- 16-A (7) further provides that whenever there is a dispute with respect to the Management of an Institution, persons found by the Regional Deputy Director of Education, upon such enquiry, as it deems fit, to be in actual control of its affairs may, for purposes of this Act, be recognised to constitute the Committee of Management of such Institution until a Court of competent jurisdiction directs otherwise.

Thus, on an interpretation of Section 16-A (7) of the Act 1921, the irresistible conclusion which emerges is that the Committee of Management of a College is governed by the statutory provisions laid down in the U.P. Intermediate Education Act, 1921 itself and is independent of the Committee of Management of the Society under which the College may have been established which is governed by the provisions of the Societies Registration Act, 1860.

In a matter relating to a dispute between rival Committees of Management of an Intermediate College, a Division Bench of Court in the Case reported in 1988 UPLBEC 732 (Committee of Management of Hindu Inter College, Kosi Kalan and others Vs. Regional Deputy Director of Education , Agra Region, Agra and others) held in paragraph 9 as under:

"9. Coming to the impact of sub-section (8) of Section 25 of the Societies Registration Act, we are clearly of the opinion that the provision has no application to the present case. It provides that where a meeting is called by the Registrar under sub-section (2) of that Section, no other meeting shall be called for the purpose of election by any other authority. The meeting contemplated under sub-section (2) of S. 25, however, is a meeting called by the Registrar of the General Body of the society for electing its office bearers in accordance with the rules of the Society relating to such meeting and elections. But we are concerned here with the validity of the elections held for the constitution of the Committee of Management of the institution in accordance with the scheme of Administration. Disputes pertaining to such elections have to be dealt with by the Deputy Director of Education under Section 16-A (7) in accordance with the Scheme of Administration approved by the Director of Education under sub-sections (1) to (5) of Sections 16-A and 16-B and 16-C of the Intermediate Education Act and not the rules of the bye law of the Society as in the first instance the Deputy Director has exclusive jurisdiction to resolve the disputes pertaining to the management of recognised institution until a court of competent jurisdiction directed otherwise. Reference to sub-section (3) of Section 25 of the Societies Registration Act is hence entirely out of place."

Another Division Bench of this Court reported in 1992 (2) AWC of 1225 (Committee of Management, Audyogik Vikas Uchchattar Madhyamik Vidyalaya Samiti, Bihara Bazar, Maharajganj, District Basti and another Vs. Prescribed Authority, Basti) held in paragraph 3 as under:

"3. Undoubtedly, under the Act a Committee of Management can be and is framed to manage the affairs of the Society and the said Committee is to manage the affairs of the Society for a period as specified in its Rules, Bye-laws or Regulations as the case may be. Similarly, a Committee of Management is required to be constituted under the Scheme of Administration under Section 16-A of the U.P. Intermediate Education Act, 1921, and it is this committee of Management which has to statutorily manage the affairs of the College. Therefore, if a society runs not only a college but under the Act will be managing the affairs of the hospital while the Committee of Management which has to be formed under the Scheme of Administration will have to manage the affairs of the College. That necessarily means that the Committees so constituted under different statutes have separate identities and separate duties to perform depending upon the nature and extent of activities of the Society."

In the present case the Assistant Registrar, Firms Societies and Chits in his order dated 18/20.9.2010 has held the bye-laws of 1928 to be valid and he has also held that the members of the general body of the Society are 156 who are valid members and this is the same list as had been earlier certified by the D.I.O.S., Azamgarh in his communication dated 7.10.2008 on the basis of which fresh elections of the Committee of Management of the College had been held on 12.10.2008 and approved by the D.I.O.S., Azamgarh by order dated 5.11.2008.

This Court while dismissing the Writ Petition No. 20281 of 1997 had dismissed the same on merit after hearing the parties by order dated 30.10.2009 and it had been dismissed only on the ground that due to the subsequent elections held, the writ petition had become infructuous. Thus, the Court itself had realised the futility of determining the legality or illegality of the order dated 6.6.1997 impugned in the said writ petition. Therefore, in the circumstances, the presumption drawn by the Joint Director of Education in the impugned order dated 3.4.2012 that with the dismissal of the Writ Petition No. 20281 of 1997 the order dated 6.6.1997 stood revived was wholly misconceived and fallacious.

Besides the findings recorded by the Assistant Registrar, Firms, Societies and Chits in the order dated 18/20.9.2010 being findings of fact which confirmed the earlier findings recorded by the D.I.O.S., Azamgarh, granting approval on 5.11.2008 to the election of the petitioners, the order dated 5.11.2008 could not have been withdrawn by the order dated 3.4.2012 on the grounds stated therein. The order dated 3.4.2012 passed by the Joint Director of Education Azamgarh Division, Azamgarh and the order dated 22.8.2012 passed by the D.I.O.S., Azamgarh attesting the signatures of Rajeev Kumar Arya as the Manager of the Committee of Management respondent no.5 being consequential to the orders dated 3.4.2012 and 18.8.2012 are, therefore, wholly illegal and based on a misconception of the facts on record and law and are accordingly quashed.

The writ petition is allowed.

There shall be no order as to cost.

Order Date :- 22.3.2013

N Tiwari