C/M ARYA GURUKUL MAHAVIDYALAYA THRU' ITS MANAGER versus JOINT DIRECOTR OF EDU. AND ANOTHER

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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C/M Arya Gurukul Mahavidyalaya Thru' Its Manager v. Joint Direcotr Of Edu. And Another - WRIT - C No. 38066 of 2006 [2006] RD-AH 11839 (20 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. 7

Civil Misc. Writ Petition No. 38066 of 2006

Committee of Management, Arya Gurukul Mahavidyalaya, Sirsaganj, District Firozabad through its Manager Sri Keshav Singh.                         Petitioner

                                                     Versus

Joint Director of Education,Agra Region,Agra and another.          Respondents

Hon. Rakesh Tiwari, J.

The standing counsel has accepted notice on behalf of respondent no.1.

The petitioner Arya Gurukul Mahavidyalaya, Sirsaganj, District Firozabad is affiliated to Sampurnanand Sanskrit University, Varanasi. The Joint Director of Education has passed an order calling upon the petitioner to appear before him regarding the claim of manager set up by one Surendra Singh who is neither said to be the member of the committee of management nor the member of the general body.

It is contended by the counsel for the petitioner that the Joint Director of Education has no jurisdiction or authority to call upon the petitioner to appear before him as the matter is covered by Chapter 12 of clause 12.07( M-) and (p) of the Calendar Part II Pariniyamawali which is as under:-

       "(M) mDr lafo/kku esa dqyifr dh iwoZ vuqKk ds fouk dksbZ ifjorZu ugha fd;k tk;xk A

     (p) ;fn dksbZ ,slk iz'u mBs fd izcU/kra= ds lnL; ;k inkf/kdkjh ds #Ik esa dksbZ O;fDr lE;d #Ik ls pquk x;k gS ;k ugha vFkok mldk lnL; ;k inkf/kdkjh gksus dk gdnkj gS ;k ugha ;k izcU/kra= cS/k #Ik ls xfBr gS ;k ugha rks dqyifr dk fofu'p; vfUre gksxkA^^

    From perusal of the aforesaid clause of the Pariniyamawali it appears that the Joint Director of Education has no jurisdiction or authority to call upon the petitioner to appear before him except the University authorities.

As prayed by the standing counsel one month's time and no more is allowed for filing counter affidavit.

Issue notice to respondent no.2 fixing a date for filing counter affidavit within six weeks from today.

Rejoinder affidavit, if any may be filed within two weeks thereafter.

List after two months.

Till further orders, the operation of the impugned order dated 23.6.2006 shall remain stayed unless vacated or modified earlier.

Dated 20.7.2006

CPP/-

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