Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 10240 (ALL)

COMMITTEE OF MANAGEMENT, DR RAJENDRA PRASAD MADHYAMIK VIDYALAYA BARWA, RATANPUR AND ANOTHER v. STATE OF UTTAR PRADESH AND 3 OTHERS

WRIC/2957/2025 · 2025-02-04

Saral Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:15175 Court No. - 32 Case :- WRIT - C No. - 2957 of 2025 Petitioner :- Committee Of Management, Dr Rajendra Prasad Madhyamik Vidyalaya Barwa, Ratanpur And Another Respondent :- State Of Uttar Pradesh And 3 Others Counsel for Petitioner :- K.K.Rao,Mahendra Singh Counsel for Respondent :- C.S.C.,Grijesh Tiwari Hon'ble Saral Srivastava,J. 1. Counsel for the petitioner is permitted to delete petitioner no.2 from the array of the parties during course of the day. 2. Heard Sri Ashok Khare, learned Senior Counsel appearing for the petitioner, Sri Grijesh Tiwari, learned counsel for respondent no.4, learned Standing Counsel for the State-respondents and perused the records. 3. The petitioner by means of the present writ petition has assailed the order dated 5/6.12.2024 passed by the Regional Level Committee, Gorakhpur Region, Gorakhpur (respondent no.2), whereby the election conducted by respondent no.4 (Sri Kant Rao) has been declared 'valid' and the signatures of respondent no.4 as Manager of the Committee of Management was directed to be attested by the District Inspector of Schools, Kushinagar. 4. A short submission has been raised by Sri Ashok Khare, learned Senior Counsel, that the order of the Regional Level Committee is not sustainable in law for the reason that the Regional Level Committee has failed to record any finding that the election of respondent no.4 has been held in accordance with the procedure prescribed under Section 16-A(7) of the Uttar Pradesh Intermediate Act, 1921. It is submitted that the finding of the Regional Level Committee that the petitioner is not member of the College is also perverse and against the finding recorded in the Impleadment Application No.2 of 2021 in Writ-C No.10530 of 2021. 5. Counsel for respondent no.4 though made franctic efforts to demonstrate that the finding with regard to validity of election of respondent no.4 has been recorded by the Regional Level Committee, but despite his best efforts, he could not demonstrate the same. However, he agrees that since the finding with regard to validity of election of respondent no.4 has not been recorded by the Regional Level Committee, therefore, the Court may remand the matter to the Regional Level Committee to decide the same afresh. 6. In view of the aforesaid submissions of counsel for respondent no.4, the impugned order dated 5/6.12.2024 passed by the Regional Level Committee, Gorakhpur Region, Gorakhpur (respondent no.2) is set aside. 7. The matter is remitted to the Regional Level Committee, Gorakhpur Region, Gorakhpur (respondent no.2) to decide the dispute of the parties afresh as expeditiously as possible, preferably within a period of three months from the date of production of a certified copy of this order, if there is no legal impediment, after giving due notice and opportunity of hearing to all the concerned parties. 8. The writ petition is allowed in terms of the aforesaid orders. Order Date :- 4.2.2025 CS/- Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad