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Ashram And 4 Others vs State Of U.P. And 7 Others on 22 December, 2023

36. So far as regarding giving credence to the judgment relied upon by learned counsel for petitioners, the same is based upon pronouncement made by Hon'ble the Apex Court in the case of Gregory Patrao Vs. Manglore Refinery and Petrochemicals Ltd. (2022 SCC OnLine SC 830), the ratio of the judgment is a subsequent decision which have considered and distinguished the earlier judgments are binding on High Courts, the judgments relied upon by learned counsel for respondents rendered by Division Bench of this Court while deciding Special Appeal Defective No.158 of 2022 is having no consideration with regard to judgment rendered by the same Bench of this Court passed in the case of Committee of Management, Sri Yadvesh Inter College (supra) and as such, the same is having binding effect over this Court.
Allahabad High Court Cites 11 - Cited by 0 - S Srivastava - Full Document

Committee Of Management National Inter ... vs The State Of U.P. And 69 Others on 6 July, 2022

There is absolutely no doubt in our mind that the principle laid down in Committee of Management, Sri Yadvesh Inter College (supra) and the exposition of the legal position by the learned Single Judge on its basis is without the slightest flaw. The jurisdiction of the Joint Director of Education, or for that matter, the Regional Level Committee under Section 16-A(7) read with the Government Order dated 20.10.2008 is not dependent upon a reference made by the District Inspector of Schools alone. It all depends at what stage a dispute with respect to the management of the institution arises.
Allahabad High Court Cites 2 - Cited by 1 - R Bindal - Full Document

Committee Of Management Shri Gandhi ... vs State Of Up And 6 Others on 1 October, 2024

10. The DIOS after granting recognition and attesting the signature has become functus officio in view of the law settled by this Court in the case of Committee of Management, Sri Yadvesh Inter College and Anr. (supra) and Committee of Management, Anjuman Nidayatul Islam High School and Anr. (supra). The relevant paragraph no. 19 is quoted hereinbelow:-
Allahabad High Court Cites 2 - Cited by 0 - M Kumar - Full Document

C/M Vijay Vidyalaya Inter College And ... vs State Of U.P. And 3 Others on 6 December, 2023

11. Be that as it may, without expressing any opinion on the merits of the rival contentions, the Court finds that in view of the Division Bench decision of this Court in the case of Committee of Management, Sri Yadvesh Inter College and another Vs. State of U.P. and others: 2011 (8) ADJ 493 (DB), the Joint Director of Education is competent to take decision in such matter and once the petitioners have already approached the Joint Director of Education by filing objection/ representation dated 17.07.2023, followed by reminders, instead of deciding the validity of the elections dated 18.06.2023, the writ petition stands disposed of in the following terms:-
Allahabad High Court Cites 1 - Cited by 0 - Full Document

Vinod Kumar And Another vs State Of U.P. And 5 Others on 8 December, 2023

6. Be that as it may, without expressing any opinion on the merits of the rival contentions, the Court finds that in view of the Division Bench decision of this Court in the case of Committee of Management, Sri Yadvesh Inter College and another Vs. State of U.P. and others: 2011 (8) ADJ 493 (DB), the Joint Director of Education is competent to take decision in such matter and once the petitioners have already approached the Joint Director of Education by filing objection/ representation dated 14.08.2023, instead of deciding the validity of the elections dated 30.07.2023, the writ petition stands disposed of in the following terms:-
Allahabad High Court Cites 2 - Cited by 0 - Full Document
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