High Court of Judicature at Allahabad
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C/M Sankat Mochan Intermediate College v. State Of U.P. Thru' Secy. & Others - WRIT - C No. 43138 of 2005  RD-AH 7484 (14 December 2005)
Hon'ble Vineet Saran,J
This writ petition has been filed by the Committee of Management of Sankat Mochan Intermediate College, Singhpur Sarnath, Varanasi with a prayer for a direction in the nature of mandamus commanding the District Inspector of Schools, Varanasi to handover the charge of officiating Principal of the college to the senior most teacher in the interest of the students as well as institution.
The dispute relating to appointment of the Principal of the College is already pending before this Court in Writ Petition No. 46246 of2003 in which notices have been issued to the respondents, one of which is the Committee of Management of the college. In the said writ petition vide order dated 20.10.2003 (Annexure-6 to the writ petition) a direction had been issued by this Court "that the District Inspector of Schools, Varanasi shall look into the affairs of the office of the Principal of the said College till such time this Court passes any positive order in the writ petitions filed by the aggrieved persons."
The said writ petition is still pending. In the teeth of the aforesaid order, which has been filed by the petitioner alongwith this writ petition, no such direction as prayed for in this writ petition i.e. to hand over the charge of the officiating Principal to the senior most teacher, can be granted.
Accordingly, this writ petition is dismissed. However, it shall be open to the petitioner to file an application with such a prayer in the aforesaid Writ Petition No. 46246 of 2003 in which the petitioner is also a party.
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