PRAMOD KUMAR MISHRA AND ANOTHER v. STATE OF U.P. THRU. SECY., DEPTT. OF SECONDARY, EDUCATION, LUCKNOW AND 4 OTHERS
WRIC/7879/2023 · 2025-04-17
Jaspreet Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 159966 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 159966 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:21672 Court No. - 8 Case :- WRIT - C No. - 7879 of 2023 Petitioner :- Pramod Kumar Mishra And Another Respondent :- State Of U.P. Thru. Secy., Deptt. Of Secondary, Education, Lucknow And 4 Others Counsel for Petitioner :- A.Z. Siddiqui Counsel for Respondent :- C.S.C.,Amrendra Nath Tripathi,Pramod Kumar Pandey Alongwith Case :- WRIT - C No. - 8419 of 2024 Petitioner :- Pramod Kumar Mishra And Another Respondent :- State Of U.P. Thru. Secy. Deptt. Of Secondary Education Lko And 4 Others Counsel for Petitioner :- A.Z. Siddiqui Counsel for Respondent :- C.S.C.,Amrendra Nath Tripathi Alongwith Case :- WRIT - C No. - 4188 of 2023 Petitioner :- Rakesh Singh Chandel Respondent :- State Of U.P. Thru. Prin. Secy.,Institutional Finance Deptt., Lko. And 5 Others Counsel for Petitioner :- Amrendra Nath Tripathi,Pramod Kumar Pandey,Sakshi Singh Counsel for Respondent :- C.S.C.,A.Z. Siddiqui,Uttam Kumar Awasthi Alongwith Case :- WRIT - C No. - 4944 of 2024 Petitioner :- Rakesh Singh Chandel Respondent :- State Of U.P. Thru. Its Prin. Secy. Institutional Finance Deptt. Lko And 5 Others Counsel for Petitioner :- Amrendra Nath Tripathi,Pramod Kumar Pandey Counsel for Respondent :- C.S.C.,A.Z. Siddiqui,Prashant Kumar Singh Hon'ble Jaspreet Singh,J.
1. Heard Shri A. Z. Siddiqui, learned counsel for the petitioners, learned Additional Chief Standing
Counsel for the State-respondents and Shri Amrendra Nath Tripathi alongwith Shri Sant Prasad Singh for the private respondents in Writ-C No.7879 of 2023 and Writ-C No.8419 of 2024 and who are the counsel for the petitioner in Writ-C No.4944 of 2024 and Writ-C No.4188 of 2023. 2. By means of the instant Writ-C No.7879 of 2023, the petitioners seek mandamus directing the State-respondents to conduct and conclude the election process for constitution of committee appointment of the institution. 3. In the other petition bearing No.Writ-C No.8419 of 2024 the petitioner challenge the letter by the District Inspector of Schools, Hardoi relying upon a legal opinion to state that till the time the petitions were pending in the High Court, the election would not be held. 4. To put the matter in a prespective, it appears that there was certain membership dispute which was raised by the private respondents and which were engaging the attention of this Court and were the subject matter of Writ-C No.4188 of 2023 and later also in Writ-C No.4944 of 2024. 5.
In the aforesaid backdrop, even though there were no interim order yet the election could not be held despite the fact that an observer has been appointed and an election schedule had been published but simplicitor as certain petitions were pending hence the matter remained stalled. 6. It is in this backdrop, the Writ-C No.7879 of 2023 was filed seeking a direction for the respondent no.3 to get the election done so that the election can be done for constitution of a committee of management for smooth running of the institution. It is in the aforesaid backdrop that the petitioner once again filed Writ-C No.8419 of 2024 which was initiated on account of the fact that the District Inspector of Schools relying upon the legal opinion, passed an order dated 05.07.2024 that since the matter was engaging the attention of the High Court, hence the election could not be held. 7. Shri Amrendra Nath Tripathi, alongwith Shri Sant Prasad Singh, learned counsel for the petitioner submits that they have no instructions in the matter and even though they earlier had taken time from the Court to file the rejoinder-affidavit but since the client could not be contracted, hence they do not wish to press the instant petitions. Accordingly, the petitions bearing Writ-C Nos.4944 of 2024 and 4188 of 2023 are dismissed for want of instructions. 8. Since the petitions bearing No.4188 of 2023 and 4944 of 2024 both stands dismissed in view of the statement given by Shri Amrendra Nath Tripathi and Shri Sant Prasad Singh, learned counsel for the petitioner and the petition stands dismissed. Consequently, there is no impediment nor there is any impediment for proceedings, hence the election for the committee of management should be conducted and concluded. 9. Learned Additional Chief Standing Counsel Shri Devendra Mohan Shukla has given a statement on the basis of instructions that the election shall be done and conducted within a period of two months. 10. In view of the aforesaid, Writ-C Nos.4944 of 2024 and 4188 of 2023 shall stands dismissed for want of instructions.
Writ-C Nos.7879 of 2023 and 8419 of 2024 shall stands disposed of with the observations and taking note of the learned Additional Chief Standing Counsel that the elections for the committee of management of the institution concerned shall be done within a period of two months. 11. With the aforesaid, the petitions stands
disposed of.
Order Date :- 17.4.2025 ank Digitally signed by :- ALI NEWAZ KHAN High Court of Judicature at Allahabad, Lucknow Bench