COMMITTEE OF MANAGEMENT JANTA INTER COLLEGE, KHANDOI DISTRICT - BULANDSAHAR AND ANOTHER v. STATE OF UP AND 4 OTHERS
WRIC/5755/2025 · 2025-03-03
Saral Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 21928 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 21928 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:30381 Court No. - 32 Case :- WRIT - C No. - 5755 of 2025 Petitioner :- Committee Of Management Janta Inter College, Khandoi District - Bulandsahar And Another Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Siddharth Khare,Sr. Advocate Counsel for Respondent :- Akash Tomar,C.S.C. Hon'ble Saral Srivastava,J.
1. Heard Sri Ashok Khare, learned Senior Counsel assisted by Mohd. Yasin, learned counsel for the petitioners and Sri H.N. Singh, learned Senior Counsel assisted by Sri Shivam Yadav,
learned counsel for the respondents.
2. The petitioner by means of the present writ petition has assailed the order dated 25.01.2025 passed by the Regional Level Committee, Meerut, Region, Meerut, by which the Regional Level Committee has recognized the Committee of Management of respondent no.5.
3. A short submission has been advanced by the learned counsel for the petitioner that it is undisputed that the petitioner is Outgoing Committee of Management, and it is the petitioner who is authorized to hold the election. It is submitted that the Regional Level Committee while deciding the dispute did not advert to on the issue as to whether the respondent no.5 was entitled to hold the election under the Scheme of Administration. It is submitted that since under the Scheme of Administration, it is only the Outgoing Committee of Management to hold the election, and the petitioner has set up a specific case that the meeting was convened by the Manager with the consent of the President, therefore, the petitioner has power to hold the election and respondent no.5 does not have
any power to hold the election, and therefore, in the absence of any finding with regard to the fact about the competence of respondent no.5 to hold the election, the impugned order cannot be sustained.
4. Sri H.N. Singh, learned Senior Counsel appearing for the respondents submits that he does not propose to file any counter affidavit, and submits that the matter may be disposed off at this stage. He does not dispute the aforesaid submission of Sri Khare, learned Senior Counsel appearing for the petitioner.
5. Accordingly, in view of the aforesaid submissions of Sri H.N. Singh, learned Senior Counsel appearing for the respondents, the the impugned order dated 25.01.2025 passed by the Regional Level Committee, Meerut, Region, Meerut is hereby set aside. The matter is remitted to the Regional Level Committee, Meerut Region, Meerut to decide the dispute afresh in accordance with law after giving due notice and opportunity of hearing to all the concerned parties expeditiously, preferably within a period of two months from the date of production of a certified copy of this
order.
6. Consequently, the writ petition stands allowed with no order as to cost
Order Date :- 4.3.2025 NS Digitally signed by :- NITIN KUMAR High Court of Judicature at Allahabad