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Allahabad High Court

Kuber Singh vs State Of U.P. And 3 Others on 20 April, 2023

Author: Ajay Bhanot

Bench: Ajay Bhanot





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 35
 

 
Case :- WRIT - C No. - 11967 of 2023
 

 
Petitioner :- Kuber Singh
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- J.P. Singh,Surendra Singh
 
Counsel for Respondent :- C.S.C.,Anand Kumar Yadav,Nisheeth Yadav
 

 
Hon'ble Ajay Bhanot,J.
 

Shri J. P. Singh, learned counsel for the petitioner is permitted to implead Vinod Singh, Former District Inspector of School, Banda, as co-respondent no. 5 in the array of parties during the course of the day.

Shri J. P. Singh, learned counsel for the petitioner contends that the electoral college of 26 members approved by the District Inspector of Schools in the impugned order is in the teeth of the interim order passed dated 24.03.2022 by this Court in Writ C No. 7271 of 2022 (C/M Bharat Bhakt Samaj Uchchtar Madhyamik Vidhyalay Samiti and another Vs. State of U.P. and others).

Learned Standing Counsel contends that the order dated 26.09.2022 was antedated, inasmuch as, it was passed after the incumbent District Inspector of Schools. Attention is called to the dispatch letter on 23.02.2023 which communicates the impugned order to the petitioner.

Matter needs consideration.

Issue notice to the newly impleaded respondent no. 5.

Shri C. B. Yadav, learned Senior Counsel assisted by Shri Nisheeth Yadav, learned counsel for the respondent and learned Standing Counsel to file counter affidavit before the next date of listing.

Till the next date of listing, the effect and operation of the order dated 26.09.2022 passed by the District Inspector of Schools, Banda, shall remain stayed.

List this case on 22.05.2023 in the top ten cases along with Writ C No. 7271 of 2022 (C/M Bharat Bhakt Samaj Uchchtar Madhyamik Vidhyalay Samiti and another Vs. State of U.P. and others).

It is open to the respondents to make a mention on the next date of listing.

Order Date :- 20.4.2023 Dhananjai