JUDGMENT A. K. Yog, J.
1. Yet another petition by one claiming to be Committee of Management of a recognised institution under U. P. Intermediate Education Act, in the State of U. P. asserting that Joint Director of Education (Respondent No. 1) has not decided the representation, copy of which has been filed as Annexure-4 to the writ petition.
2. Sri Ram Narain Singh (newly impleaded Respondent No. 3) is represented by Sri Ashok Bhusan and he contends that even it is not certain whether such an alleged representation had been actually filed in the office. Respondent No. 3, however, claims that election was held on 16.5.1999. Sri Ashok Bhusan. Advocate, submits that the elections held on 16.5.1999 are not the subject-matter of the controversy raised in the writ petition. Petitioner, however, contends otherwise.
3. This Court, by no stretch of imagination, intends to adjudicate any of the issues or the points of controversy amongst the contesting parties since it involves serious question of fact and require inspection of original record existing in the office of District Inspector of Schools as well as that of Joint Director of Education. This Court cannot act as appellate court and that too in absence of relevant record.
4. I direct the Respondent No. 1 to decide the representation (Annexure-4 to the writ petition), if it has been filed as mentioned in the writ petition within two months from the date of filing a certified copy of this order by passing a reasoned order after affording opportunity of hearing to all the concerned parties including Respondent No. 3 in the writ petition and in accordance with law. Decision taken under this order of the Court shall be communicated to the respective parties, apart from other mode, by registered post.
5. Writ petition fails and is dismissed subject to the observations made above.