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2025 DAILYLAW 45820 (ALL)

COMMITTEE OF MANAGEMENT OF S.M. COLLEGE CHANDAUSI AND ANOTHER v. STATE OF U.P. AND 6 OTHERS

WRIC/11956/2025 · 2025-05-14

Saral Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:80386 Court No. - 32 Case :- WRIT - C No. - 11956 of 2025 Petitioner :- Committee Of Management Of S.M. College Chandausi And Another Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Gautam Baghel Counsel for Respondent :- C.S.C. Hon'ble Saral Srivastava,J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondents. 2. Petitioner by means of present writ petition has prayed for following relief: "(i) to issue writ order or direction in the nature of certiorari quashing the impugned order dated 04.04.2025 (Annex. No.01 Page Nos.19-53) vide which the District Magistrate sans any authority or jurisdiction is interfering in the officials of on Aided Degree College reconized under U.P. State Universities Act, 1973. (ii) to issue writ order or direction in the nature of mandamus commanding and directing the District Magistrate, Sambhal not to interfere in working of the petitioners' which is duly affiliated under the provisions of U.P. State Universities Act, 1973." 3. This Court on 29.04.2025 has passed the following order: "1. It is contended by Sri Gautam Baghel, learned counsel for the petitioners, that the District Magistrate has no jurisdiction to conduct an inquiry in the affairs of the college namely S.M. Degree College, Chandausi. In support of his submission, he has placed reliance upon a judgment of this Court passed in Krishna Nand Singh Vs. State of U.P. and 5 others (Writ-A No.18087 of 2021), reported in 2022 (6) ADJ 585. 2. Sri R.P. Tiwari, learned Standing Counsel is granted two weeks' time to seek instructions in the matter and apprise the Court as to under which provisions of law the District Magistrate could conduct an inquiry in the affairs of the college namely S.M. Degree College, Chandausi. 3. List this case on 15.05.2025 amongst top ten cases. 4. It is made clear that in case the instructions are not supplied by the next date fixed, the District Magistrate, Sambhal shall remain present before the Court along with records to assist the Court." 4. Sri R.P. Tiwari, learned Standing Counsel placed instructions on record. From the instructions he could not point out any provision of law which confers power upon the District Magistrate to conduct an enquiry in the affairs of the College. 5. Since the controversy in hand is covered by the judgment of this Court in Krishna Nand Singh Vs. State of U.P. and others reported in 2022 (6) ADJ 585, therefore, the impugned order cannot be sustained in law. The impugned order dated 04.04.2025 is set aside. 6. Accordingly, the writ petition is allowed. Order Date :- 15.5.2025 Mohit Digitally signed by :- MOHIT KUMAR KUSHWAHA High Court of Judicature at Allahabad