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SMT. ANURADHA AGARWAL, PRINCIPAL, GANDHI BAL NIKETAN M.S. versus STATE OF U.P. THRU' SECRETARY (BASIC SHIKSHA PARISHAD) & ORS

High Court of Judicature at Allahabad

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Smt. Anuradha Agarwal, Principal, Gandhi Bal Niketan M.S. v. State Of U.P. Thru' Secretary (Basic Shiksha Parishad) & Ors - SPECIAL APPEAL DEFECTIVE No. 462 of 2006 [2006] RD-AH 11652 (17 July 2006)

 

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).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No.32

Special Appeal No. 462 of 2006

Smt. Anuradha Agarwal .....Petitioner

Versus

State of U.P. & others .....Respondents

*****

Hon'ble S.Rafat Alam, J.

Hon'ble Pankaj Mithal,J.

This special appeal under the Rules of the Court is preferred against the judgment of the Hon'ble Single Judge of this Court dated 5.5.2006 in Civil Misc. Writ Petition No. 76543 of 2005.

We have heard Sri G.K.Singh, learned counsel for the appellant, learned Standing Counsel appearing for the State-respondents no. 1 to 4 and Sri S.N.Mishra, learned counsel appearing for the contesting respondents no. 5 to 7.

Learned counsel for the appellant vehemently contended that the Junior High School has no Committee of Management and was being managed by the Administrator/Authorised Controller appointed by the District Magistrate.  The Hon'ble Single Judge while disposing the writ petition has directed the District Basic Education Officer to hand over charge to the petitioner who shall be entitled to manage the affairs of the institution which is legally not permissible as the said petitioner who are the respondents in this appeal have no right to manage the institution because they are the Committee of Management  for the High School.

On the other hand Sri S.N.Mishra, learned counsel for respondent no.5 opposed the appeal and vehemently contended that earlier also Civil Misc. Writ Petition No. 27878 of 2005 in respect of this very institution was filed and the same was dismissed by the Hon'ble Single Judge.  It is submitted that both the institutions were established by the Society and they are running and therefore, it is the petitioner-society, who has been arrayed as respondent, has rightly been directed to manage the Junior High School.

Be that as it may, we are of the view that the appeal being filed by the Head Mistress of the Junior High School has no locus standi to prefer special appeal against the order of Hon'ble Single Judge in respect of the management of the institution in question.

Besides that by the judgment under appeal the Hon'ble Single Judge has directed the District Magistrate to hand over the charge of the Gandhi Bal Niketan Montessari School Committee of Management to the petitioners' society, which has established the institution, thus, has right to manage the affairs of the institution and for this reason also, we do not find any reason to interfere with the order of the Hon'ble Single Judge.

The appeal, being not maintainable, is hereby dismissed summarily.

Dated:17.7.2006

SKM


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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