Allahabad High Court
C/M O.K.M. Inter College Lar Deoria And ... vs State Of U.P. And Others on 6 January, 2010
Author: Dilip Gupta
Bench: Dilip Gupta
Court No. - 39 Case :- WRIT - C No. - 104 of 2010 Petitioner :- C/M O.K.M. Inter College Lar Deoria And Another Respondent :- State Of U.P. And Others Petitioner Counsel :- R.C. Dwivedi Respondent Counsel :- C.S.C. Hon'ble Dilip Gupta,J.
The petitioners have sought the quashing of the order dated 18th June, 2009 passed by the District Inspector of Schools recognising the elections held by the rival Committee of Management.
It is stated in the petition that the petitioner-Committee of Management held the elections on 12th June, 2009 and had submitted the papers to the District Inspector of Schools on 15th June, 2009 but without taking into consideration the claim of the petitioner-Committee of Management, the District Inspector of Schools recognised the elections held by rival Committee of Management on 12th June, 2009 by the order dated 18th June, 2009.
Learned Standing Counsel appearing for respondent nos.1, 2 and 3 states that it may not be necessary to file the counter affidavit and the writ petition may be disposed of at this stage. In view of the order that I propose to pass it is not necessary to issue notice to respondent nos. 4 and 5.
Learned Standing Counsel has stated that in the facts and circumstances of the case, the petitioners can approach the Regional Level Committee which will examine the matter and pass an appropriate order in accordance with law after hearing the parties concerned.
It is not necessary to examine the dispute in the present petition as the petitioner-Committee of Management can pursue the remedy before the Regional Level Committee and in case the petitioner- Committee of Management files a representation before the Regional Level Committee, a decision shall be taken expeditiously after hearing the parties concerned.
The writ petition is disposed of subject to the observations made above.
It is made clear that the Court has not adjudicated upon the merits of the case which shall be examined by the Regional Level Committee in accordance with law.
Order Date :- 6.1.2010 GS