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2025 DAILYLAW 28098 (ALL)

COMMITTEE OF MANAGEMENT VICTORIA INTER COLLEGE AND ANOTHER v. STATE OF U.P. AND 4 OTHERS

WRIC/7223/2025 · 2025-03-19

Saral Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:40700 Court No. - 32 Case :- WRIT - C No. - 7223 of 2025 Petitioner :- Committee Of Management Victoria Inter College And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Prashant Shukla,Ram Prakash Upadhyay Counsel for Respondent :- C.S.C. Hon'ble Saral Srivastava,J. 1. Heard learned counsel for the petitioners, learned Standing Counsel for the State, Sri Nitinjay Pandey, and Sri Prabhakar Awasthi, learned counsel for the respondents. 2. The petitioner by means of present writ petition has prayed for following relief: "(i) Issue a writ, order or direction, in the nature of Mandamus commanding the respondents to permit the petitioners to function as the Committee of Management of Victoria Intermediate College, Ghatiya Azam Khan, Agra till the decision is taken by the Regional Level Committee pursuant to the judgment and order dated 10.02.2025 passed by this Hon'ble Court in Writ C No.16013 of 2024 (Committee of Management Victoria Inter College, Ghatiya Azam Khan, Agra and another Vs. State of U.P. and others)" 3. The grievance of the petitioner is that the petitioner was elected in Committee of Management on 29.03.2020 and the election of the Committee of Management was recognized by order dated 25.06.2020 which order was recalled by District Inspector of Schools on 29.01.2024. The order dated 29.01.2024 was set aside by this Court. 4. It is contended by learned counsel for the petitioner that the order dated 25.06.2020 recognizing the petitioners Committee of Management is in existence and the terms of the Committee of Management is under the scheme of administration for five years, therefore, the term continued till 29.03.2025 and one month further. The respondents are interfering in the running of administration of the Committee of Management. In the aforesaid backdrop, it is contended that the petitioner has submitted representation to the District Inspector of Schools and the District Inspector of Schools may be directed to consider the grievance of the petitioner. 5. Sri Nitinjay Pandey, learned counsel for the respondent submits that this Court has already remitted the matter before Regional Level Committee and the Regional Level Committee does not pay heed and therefore, there is no occasion for this Court to grant the relief for the petitioner. The similar objection is raised by Sri Prabhakar Awasthi, learned counsel for the respondent also. 6. Be that as it may, since the order dated 25.06.2020 recognizing the petitioner Committee of Management is in existence as of today under the bye-laws, the petitioner is supposed to continue for five years and one month, and therefore, the term of the petitioner Committee of Management shall continue till 29.04.2025 till the order dated 25.06.2020 is set aside or modified. 7. In such view of fact, this Court deems it appropriate and proper to permit the petitioner to file a representation before the respondent no.4-District Inspector of School, Agra who shall consider and decide the same in accordance with law and as per the bye-laws of Scheme of Administration after affording the opportunity of hearing to all the parties. 8. The writ petition is disposed of. Order Date :- 20.3.2025 Mohit Digitally signed by :- MOHIT KUMAR KUSHWAHA High Court of Judicature at Allahabad