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Nagndra Pathak v. State Of U.P. And Others - WRIT - C No. 55119 of 2006 [2006] RD-AH 17548 (11 October 2006)


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                                                                               Court No.33

Civil Misc. Writ Petition No. 55119 of 2006

Nagendra Pathak Vs. State of U.P. and others

Hon'ble Vineet Saran, J.

This writ petition has been filed with the following prayers:-

(i) Issue a writ order or direction in the nature of mandamus commanding the respondents not to release the fund of grant in aid in favour of alleged committee of Management sanctioned by State Government.

(ii) Issue any other writ order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case.

(iii) Award the cost of this petition in favour of the petitioner.

The apprehension of the petitioner is that the College would be brought under the grant in aid list of the State Government which is to be declared shortly. Admittedly the said grant in aid list has yet not been declared. The case of the petitioner is that on the College being brought under the grant-in-aid scheme of the State Government, the said fund be not released in favour of the Committee of the Management. The petitioner does not claim to be the Manager or any office bearers of the Committee of Management but only claim himself to be a life members. According to the petitioner, the signature of the elected Manager of the Committee of Management had already been attested in the year 2002 which matter is under challenge in a writ petition filed before this Court but no interim order has been granted, meaning thereby that the elected Committee of Management has been duly recognized and has control over the affairs  of the College. As such, in my view, since a duly elected and recognized Committee of Management is under control the affairs of the College, there is no reason why the College should be deprived of the benefit of being included under the grand-in-aid list of the State Government as and when the same is issued. As such the prayers made in this writ petition cannot be granted.

This writ petition is, accordingly, dismissed. However, any observation made in this order with regard to recognition of the Committee of Management will not be binding on the authority before whom the matter relating to the dispute of the Committee of Management is pending, as this Court has not decided such issue.




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