High Court of Judicature at Allahabad
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C/M Nehru Smarak Madhyamik V. Kailai Thru' Manager & Anr. v. State Of U.P. Thru' Secretary Education And Others - WRIT - A No. 3804 of 2007  RD-AH 1376 (25 January 2007)
Hon. Ran Vijai Singh,J.
This writ petition has been filed by the Committee of Management, Nehru Smarak Madhyamik Vidyalaya Kailai, district Firozabad and one Sri Satish Chandra, claiming himself to be Principal of the College with the following prayer:
"(i) Issue a writ order or direction in the nature of mandamus commanding the opposite party no.2 not to interfere in the function of the petitioner No.2 as principal in the Nehru Smarak Madhyamic Vidyalaya Kailai, district Firozabad.
(ii) Issue a writ order or direction in the nature of mandamus commanding the opposite party No.2 to issue the registration form for Class 9th to the petitioner and the order and paper of attested signature of Prem Pal Singh.
(iii) Any other writ order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case.
(iv) Award costs of the petition in favour of the petitioner ."
Learned counsel for the petitioner has submitted before this Court that the petitioner was duly selected on the post of Principal and working as such. Respondent No.4 who was earlier working as Headmaster and not qualified has some how managed the attestation of his signature by the District Inspector of School and after attestation of signature he is creating hindrance in functioning of College. He further submitted that for redressal of his grievance a representation has been made by the Manager of the College to the Director of Education (Madhyamic) U.P. Lucknow on 30.12.2006 but no order has been passed. Hence the present writ petition.
I have heard learned counsel for the petitioner and learned Standing Counsel for the State respondents. Counsel for the petitioners is permitted to implead respondent No.5
Considering the facts and circumstances of the case, it is provided that the petitioner may file a fresh representation before respondent No.5 In case any such representation is filed, it may be decided by respondent No.5 by a speaking order after hearing the petitioners as well as State and Sri Prem Pal Singh, if possible, within two months from the date of receipt of the representation. The petitioner will file certified copy of this order, other necessary documents and a duly stamped self-addressed envelope along with the representation. The respondent No.5 after taking decision will communicate the same to the petitioner.
With these observations, the writ petition is disposed of.
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