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2025 DAILYLAW 15290 (ALL)

COMMITTEE OF MANAGEMENT, PUBLIC INTER COLLEGE JAHAGEERPUR v. STATE OF U.P. AND 3 OTHERS

WRIC/3402/2025 · 2025-03-03

Saral Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:30757 Court No. - 32 Case :- WRIT - C No. - 3402 of 2025 Petitioner :- Committee Of Management, Public Inter College Jahageerpur Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Aalok Singh,Bheem Singh,Sr. Advocate Counsel for Respondent :- C.S.C.,Mahesh Sharma,Prabhakar Awasthi Hon'ble Saral Srivastava,J. Order on Order Sheet 1. Learned counsel for the petitioner is permitted to implead the 'Joint Director of Education Ist Region Meerut, Meerut' as respondent no.5 in array of the parties during course of the day. Order on Writ Petition 2. Heard Sri G.K. Singh, learned Senior Counsel assisted by Sri Bheem Singh, learned counsel for the petitioner, Sri Prabhakar Awasthi, learned counsel for the respondent and learned Standing Counsel for the State. 3. The petitioner by means of present writ petition has prayed for following relief: "(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 09/10/2024 (filed as Annexure No.1 to the writ petition), passed by the respondent no.2. (ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondnets (specially the respondent no.3) to hold the election of office bearers of the Managing Committee of the institutions, within the time stipulated by this Hon'ble Court. (iii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents not to interfere in the peaceful functioning of the petitioner no.1 being a duly elected office bearer of the Managing Committee in any manner whatsoever." 4. After arguing the matter at length, Sri G.K. Singh, learned Senior Counsel submits that in the interest of justice it is desirable that election of the Committee of Management namely Public Inter College Jahangeerpur, District Gautam Buddh Nagar should be held by independent body. 5. To the aforesaid proposal, learned counsel for the respondents has no objection. 6. In such view of the fact, the writ petition is disposed of directing the newly impleaded respondent no.5 to appoint an Authorised Controller in the College within a period of two weeks from the date of production of certified copy of the order. The Authorised Controller is further directed to hold the election of the Committee of Management of the College expeditiously preferably within a period of two months from the date he assumes charge as Authorised Controller strictly in accordance with scheme of the administration and in accordance with law. Order Date :- 4.3.2025 Mohit Digitally signed by :- MOHIT KUMAR KUSHWAHA High Court of Judicature at Allahabad