Neutral Citation No. - 2025:AHC:53042 Court No. - 32 Case :- WRIT - C No. - 10685 of 2025 Petitioner :- Committee Of Management Standard Intermediate College And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Abhishek Bhushan,Sr. Advocate Counsel for Respondent :- C.S.C.,Umair Mahmood Hon'ble Saral Srivastava,J. 1. Heard Sri Anil Bhushan, learned Senior Counsel assisted by Sri Abhishek Bhushan, learned counsel for the petitioner and Sri Prabhakar Awasthi, learned counsel for the respondents. 2. The petitioner by means of the present writ petition has assailed the order dated 26.03.2025 passed by the respondent no.4-District Inspector of Schools, Prayagraj by which the District Inspector of Schools has stayed his earlier order attesting the signature of petitioner. 3. Sri Prabhakar Awasthi, learned counsel for respondents states that respondents do not propose to file counter affidavit and states that writ petition may be decided at this stage. 4. Challenging the impugned order, learned Senior Counsel for the petitioner has contended that after attesting the signature of petitioner, the District Inspector of Schools becomes functus officio. It is contended that if there was any complaint against the attestation of signature of petitioner, the District Inspector of Schools could have heard the matter, but he does not have power to stay his earlier order attesting the signature of petitioner. 5. So far as the contention of learned Senior Counsel for the petitioner with regard to fact that District Inspector of Schools becomes functus officio after attesting the signature of petitioner is concerned, learned counsel for the respondents submits that the law that District Inspector of Schools becomes functus officio after attesting the signature of petitioner is settled in those cases where election of Committee of Management had been submitted to the District Inspector of Schools for approving the election. 6. It is further contended that in the instant case, the casual vacancy has been filled up, and therefore, this principle is not attracted in the present case. However, learned counsel for the respondents does not dispute the fact that District Inspector of Schools does not have any power to stay his earlier order attesting the signature of petitioner. 7. Since, learned counsel for the respondents does not dispute the proposition of law that District Inspector of Schools does not have power to stay the order of attestation of signature of petitioner, therefore, impugned order to the extent it stays the attestation of signature of petitioner is set aside. 8. The matter is remitted to the respondent no.4-District Inspector of Schools, Prayagraj to decide the claim of parties afresh strictly in accordance with law and in accordance with the Scheme of Administration within a period of one month from the date of production of certified copy of this order after giving due notice and opportunity of hearing to all the concerned parties. 9. The writ petition is allowed with no order as to costs. Order Date :- 10.4.2025 Sattyarth Digitally signed by :- SATTYARTH ANAND High Court of Judicature at Allahabad