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2025 DAILYLAW 157103 (ALL)

RAM GOPAL KAKA AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF PRIN. SECY. SECONDARY EDU. GOVT. OF U.P. LKO. AND 4 OTHERS

WRIC/7688/2025 · 2025-08-18

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:47995 Court No. - 6 Case :- WRIT - C No. - 7688 of 2025 Petitioner :- Ram Gopal Kaka And Another Respondent :- State Of U.P. Thru. Addl. Chief Prin. Secy. Secondary Edu. Govt. Of U.P. Lko. And 4 Others Counsel for Petitioner :- Rakesh Chandra Tewari,Arvind Kumar Tripathi Counsel for Respondent :- C.S.C. Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the petitioners and Shri Praful Tiwari, learned counsel for respondent no.5. 2. Present petition has been filed by the petitioner challenging the order dated 12.06.2025 whereby the State Government has constituted a committee to look into the grievance as raised by the petitioner. 3. Neat submission of learned counsel for the petitioner is that the society was converted into a trust by virtue of a resolution passed by the society. It is further stated that subsequently a request was made for amendment in the scheme of administration under Section 16-A(5) of U.P. Intermediate Education Act which too was dismissed. The petitioner who was a member of the erstwhile society raised a grievance in the manner in which the society was converted into a trust. Based upon his grievance, the an inquiry committee was constituted which led to furnishing a report on 20.01.2025. 4. Grievance of the petitioner is that once the report was forwarded, it is the Director who had to take a decision in terms of the provisions contained in Chapter VII of the Regulations framed under U.P. Intermediate Education Act. It is argued that instead of taking a decision, the matter was forwarded by the Director to the State Government which has constituted a committee comprising of four members as is evident from the communication dated 12.06.2025 (Annexure - 1). 5. Both the parties agree that the State Government has no role to play either under Section 16-A or the regulations framed under Chapter VII. 6. Prima-facie, the said contention appears to be correct. 7. As, prima-facie, there is no provision empowering the State Government to constitute a committee as has been done, the same cannot be sustained. The committee constituted vide communication dated 12.06.2025 comprising of four members is quashed. 8. Parties would be at liberty to agitate their rights under the pending proceedings or as may be advised in accordance with law. 9. At this stage, learned counsel for respondent no.5 informs that the issue with regard to conversion of the society into a trust is engaging attention of the Allahabad High Court in Writ - C No.26558 of 2024 (Shri Hariom Singh and Anr. v. State of U.P. & Ors.) and in view of the stay order operational, the petitioner does not even have a locus. 10. All the said issues are left open to be agitated in between the parties. 11. Present petition stands allowed in above terms. Order Date :- 18.8.2025 nishant Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench