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C/M Adarsh Inter College v. State Of U.P. And Others - WRIT - C No. 4907 of 2007 [2007] RD-AH 1680 (2 February 2007)


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                                                                               Court No.33

Civil Misc. Writ Petition No. 4907 of 2007

Committee of Management, Adarsh Inter College, Rasoolpur Jaganpatti, Mathura & another


State of U.P. & others

Hon'ble Vineet Saran, J

Heard Sri Rahul Sripat, learned counsel appearing for the petitioners as well as learned Standing Counsel appearing for the respondents no. 1, 2, 3 and 5 and Sri P.K. Jain, learned counsel appearing for the contesting respondent no. 4. With consent of the learned counsel for the parties, this writ petition is being disposed of at this stage, without calling for a counter affidavit.

By means of the order dated 28.10.2006 the election of the Committee of Management of the institution in question in which the respondent no. 4 was elected as Manager has been recognized by the Regional Level Committee, which is impugned in this writ petition.

The petitioner claims that in the election of the Committee of Management held on 13.2.2006, the petitioner no. 2 was elected as Manager whereas according to the respondent no. 4 the election of the Committee of Management was held on 19.2.2006 in which he was elected as Manager. By the impugned order the election of 19.2.2006 has been recognized.  

A perusal of the said order would go to show that the written submissions of the parties is quoted ad-verbatim and in the end the decision of the Committee has been recorded, without giving any finding of its own or without discussing the contention of both sides. The submission of Sri Rahul Sripat that no discussion, whatsoever, of the submissions made by the petitioners before the Regional Level Committee has been made in the impugned order, has force.

In the aforesaid circumstances, without going into the merits with regard to the contentions of the parties, since the impugned order is without discussing of the submissions of the parties or any reasons for arriving at the findings, in my view, the same deserves to be set aside and is, accordingly, quashed.

However, the matter is remanded back to the Regional Level Committee for fresh decision, in accordance with law, by a speaking and reasoned order, after giving opportunity of hearing to the parties concerned. Such decision shall be taken within three months from the date of filing of a certified copy of this order before the respondent no. 2, the Joint Director of Education, Agra Region, Agra, who is the Chairman of the Regional Level Committee, respondent no. 5.

Till such order is passed by the Regional Level Committee, status quo as of today with regard to the management of the institution in question will continue.

This writ petition stands allowed to the extent indicated as above. No order as to costs.  





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