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Neutral Citation No. - 2025:AHC:14262 Court No. - 10 Case :- WRIT - A No. - 20764 of 2024 Petitioner :- Gaurav Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Prashant Shukla,Ram Prakash Upadhyay Counsel for Respondent :- C.S.C. Hon'ble Saurabh Shyam Shamshery,J.
1. Heard Sri Prashant Shukla, learned counsel for petitioner, learned Standing Counsel and S/Sri Prabhakar Awasthi and Nitinjay Pandey, learned counsel for respondents.
2. Petitioner before this Court is claiming that he is a Member of Committee of Management of Victoria Inter College, Ghatiya Azam Khan, Agra though it has been vehemently opposed by learned counsel for respondents appearing on behalf of Committee of Management and respondent-4.
3. Learned counsel for petitioner submits that Writ A No. 8822/2024 was disposed of vide order dated 16.10.2024 wherein it was directed that D.I.O.S. will take a decision on resolution dated 30.03.2024 with a further direction that said decision will remain subject to outcome of Special Appeal (D) No. 408/2024 filed by respondent-4.
4. Learned counsel for respondents submit that in pursuance of above order, a decision has been taken vide
order dated 07.11.2024 whereby claim of respondent-4 has been sustained and Special Appeal is still pending.
5. Learned counsel for petitioner further submits that petitioner has not instructed about aforesaid order, however, at this stage, it cannot be much disputed that
State Government has sought report from Director of Education by a communication dated 10.01.2024 and according to petitioner, said report has still not been submitted.
6. Learned counsel for respondent-3 submits that he has no information whether any reply has been sought from respondent-3 or not? Learned counsel for Committee of Management submits that subsequently complaint has been filed.
7. In aforesaid circumstances, since there are subsequent events that claim of respondent-4 has been accepted which is not under challenge vide order dated 07.11.2024, therefore, relief sought by petitioner cannot be allowed, however, Director of Education is at liberty to consider the communication dated 10.01.2024 which is annexed along with this writ petition as annexure-14 including subsequent events, if any.
8. In view of above, this writ petition is disposed of with above observations.
9. It is made clear that this Court has not entered into merit of case so far as any allegation in regard to respondent-4 is concerned.
Order Date :- 31.1.2025 Sinha_N. Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad