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C/M Kisan Sahyogi Madhyamik Vidyalay Thru' Manager & Anr. v. State Of U.P. Thru' Secy. Basic Education & Ors. - WRIT - C No. 41063 of 2004 [2005] RD-AH 5197 (7 November 2005)


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                                                                                       Court No.38

Civil Misc. Writ Petition No. 41063 of 2004

Committee of Management Kisan Sahyogi Madhyamik Vidyalaya, Chichauli, Auraiya and another  vs. State of U.P. & others

Hon'ble Vineet Saran, J

This writ petition has been filed with the prayer for quashing the order dated 17.6.2004 passed by Basic Shiksha Adhikari, Auraiya/Etawah, Respondent no.2, whereby the signatures of Lal Saheb as Manager of the Committee of Management has been attested by him. A further prayer has been made for a direction in the nature of mandamus commanding District Inspector of Schools, Auraiya/Etawah, Respondent no.3, to hold the elections of the Committee of Management.

A detailed counter affidavit has been filed by Respondent no.2 and a short counter affidavit by Respondent no.4. In the counter affidavit of the Basic Shiksha Adhikari, Respondent no.2, it has been admitted that the impugned order dated 17.6.2004 had been passed by him on the basis of wrong facts as the correct facts had not been brought to his knowledge by the clerk concerned, against whom reference has been made to the Joint Director of Education for initiating disciplinary proceedings. It has also been stated in the said counter affidavit that the order dated 17.6.2004 has been cancelled by the Respondent no.2 himself on 26.10.2005. As such the first prayer of the petitioner with regard to the quashing of the order dated 17.6.2004 has already been exhausted.

As regards the second prayer, which is for a direction to hold the elections of the Committee of Management, the learned counsel for the parties have submitted that since the institution is a Junior High School, the competent authority to hold the elections of the Committee of Management would be the Basic Shiksha Adhikari, Auraiya/Etawah and not the District Inspector of Schools. In such view of the matter since the parties agree that it is the respondent no.2 which is the competent authority to hold the elections and it is also admitted that the elections of the Committee of Management of the institution are due, this writ petition is disposed of with the direction that the Basic Shiksha Adhikari, Respondent no.2, shall complete all the formalities and get the elections of the Committee of Management held within three months from the date of production of a certified copy of this order before him. The petitioner as well as the Respondent no.4 are directed to cooperate with the Basic Shiksha Adhikari in the process of getting the elections held.

With the aforesaid observation/direction this writ petition is disposed of. No order as to cost.

Dt/- 7.11.2005



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