C/M, KISAN INTER COLLEGE, LAKHIMPUR KHERI THRU. MANAGER, DINESH KUMAR v. STATE OF U.P. THRU. ADDL. PRIN. SECY., SECONDARY EDUCATION, LKO AND ANOTHER
WRIC/4326/2025 · 2025-05-08
Jaspreet Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 138556 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 138556 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:26894 Court No. - 8 Case :- WRIT - C No. - 4326 of 2025 Petitioner :- C/M, Kisan Inter College, Lakhimpur Kheri Thru. Manager, Dinesh Kumar Respondent :- State Of U.P. Thru. Addl. Prin. Secy., Secondary Education, Lko And Another Counsel for Petitioner :- Jitendra Kumar Pandey Counsel for Respondent :- C.S.C. Hon'ble Jaspreet Singh,J. Heard learned counsel for the petitioner and Shri Rahul Shukla, learned Additional Chief Standing Counsel, who has accepted notice on behalf of the respondents No.1 and 2. By means of the instant petition, the petitioner seeks the following relief, which read as under:-
"a. Issue a writ, order or direction in the nature of Mandamus commanding the opposite party No.2 to appoint the Observer to hold the Election of Committee of Management Kisan Inter College, Neem Gaon, Lakhimpur Kheri, as earliest possible, in the interest of justice. b. Any other other, or direction, which this Court deem fit and proper under the circumstances of the case in favour of petitioner be passed in the interest of justice." The submission of the learned counsel for the petitioner is that the petitioner has requested for appointment of an observer so that the election of the Society of Committee of Management of the petitioner-Inter College can be held, however, the respondents have not appointed any observer nor communicated any decision to the petitioner. Accordingly, despite the demand having been raised, the same has not been addressed. Shri Rahul Shukla, learned Additional Chief Standing Counsel for the State has provided a copy of the written instructions, under the signatures of District Inspector of Schools, Lakhimpur Kheri dated 07.05.2025 for perusal of the Court, the same is taken on record and it is submitted that the petitioner had initially made a request vide letter dated 29.03.2025, however, neither the said letter was sent by the appropriate authorities nor any proposed date of the election was mentioned. This was communicated by the respondent No.2 to the petitioner vide letter dated 31.03.2025, however, even
though the petitioner had responded to the said letter dated 24.04.2025, a copy of which has been brought on record at the running page 102 of the paper-book, but the fact remains that there was no details regarding the proposed date of election.
As per the written instructions, it has been stated that in case if the petitioner moves an appropriate application detailing the necessary requisite including the proposed date of election, the same would be considered appropriately with expedition. Once the State has taken the aforesaid stand and taking note of the written instructions, at this stage, this Court does not deem it appropriate to issue any direction rather the petition is
disposed of with direction to the petitioner to move an appropriate application as indicated by the District Inspector of Schools, Lakhimpur Kheri in its letter dated 07.05.2025, which needless to say, he shall proceed and consider it appropriately. With the aforesaid, the petition is disposed of.
Order Date :- 8.5.2025 Rakesh/- Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench