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C/M Arya Kanya Pathshala Inter College And Another v. State Of U.P. Thru' Secry. Sec. Education And Others - WRIT - C No. 3970 of 2007 [2007] RD-AH 2216 (12 February 2007)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Court No. 33

Civil Misc. Writ Petition No. 3970 of 2007

committee of management Arya Kanya Pathshala Inter college, Kalpi& another


State of U.P. And others

Hon'ble Mr. Justice Vineet Saran.

Heard Sri U.K. Saxena, learned counsel for the petitioner and learned Standing counsel for Respondents no. 1 to 3 as well as Sri Rakesh Bahadur for the contesting Respondents no. 4 and 5. Pleadings have been exchanged between the parties and with their consent, this writ petition is being disposed of at this stage.

It is the case of the petitioners that the last election of the committee of management was held on 1.6.2006 in which the Petitioner no.2 was elected as Manager. Papers of the said elections were forwarded to the District Inspector of Schools and after approval of the Regional Level Committee dated 19.6.2006, the Joint Director of Education communicated the approval of the election held on 1.6.2006 and consequently the signature of the petitioner no.2 as Manager were attested on 20.6.2006. Thereafter on 14.8.2006 the respondent no.4 made a complaint to the Joint Director of Education, Respondent no.2, with the prayer for withdrawing the approval given to the election of the Petitioner no.2 vide order of the Respondent no.2 dated 19.6.2006 on the ground that another election of the committee of management was held by Respondents no. 4 and 5 on 4.6.2006. On such complaint, the Respondent no.2 issued notices to the petitioners which are under challenge in this writ petition.

The main grievance of the petitioners is that once after granting approval, the Respondent no.2 has no power to review, recall or withdraw the order of approval granted by the Regional Level Committee and as such, the proceedings initiated by the Respondent no.2 on the complaint of Respondent no.4 are without jurisdiction. On the other hand, the learned counsel for the contesting Respondents no. 4 and 5 has contended that the order dated 19.6.2006 is not an order passed under Section  16-A(7) of the U.P. Intermediate Education Act, 1921 and the present proceedings are being initiated under the said provision of the aforesaid Act.

Without going into the merits of the case, since this writ petition has been filed merely challenging the notices issued by the respondent no.2, with the consent of the learned counsel for the parties, this writ petition is being disposed of with the following directions:-

1.The petitioners shall file their objections to the notices issued by Respondent no.2 on or before 28.2.2007, after duly serving a copy of the objections on the Respondents no. 4 and 5.

2.Respondents no. 4 and 5 may file their reply, if any, on or before 12.3.2007, after serving a copy of the same on the petitioner.

3.The Petitioner no.2, as well as Respondents no.4 and 5, shall appear before the Respondent no.2 on 12.3.2007 at 10.00 A.M., on which date the Respondent no.2 shall first proceed to hear the preliminary objection with regard to the jurisdiction and decide the same within seven days by a speaking and reasoned order.

4.After the preliminary issue is decided, the Respondent no.2 shall then proceed to hear and decide the case on merits.

With the aforesaid directions, this writ petition stands disposed of. No order as to cost.

dt.  12.2.2007



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