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2025 DAILYLAW 51674 (ALL)

COMMITTEE OF MANAGEMENT OF DASHMESH KANYA INTER COLLEGE AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

WRIC/13423/2025 · 2025-05-13

Saral Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:79266 Court No. - 32 Case :- WRIT - C No. - 13423 of 2025 Petitioner :- Committee Of Management Of Dashmesh Kanya Inter College And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Grijesh Tiwari Counsel for Respondent :- C.S.C. Hon'ble Saral Srivastava,J. 1. Heard Sri Ashok Khare, Senior Counsel assisted by Grijesh Tiwari, learned counsel for the petitioners, learned Standing Counsel for State-functionaries and Sri Satya Prakash Singh, learned counsel for the respondent No.4. 2. Sri Satya Prakash Singh, learned counsel for the respondent No.4 states that respondent No.4 does not propose to file counter affidavit and the matter may be decided at this stage without calling any counter affidavit. Consequently, the Court proceeds to decide the matter without inviting any counter affidavit. 3. The petitioner by means of the present writ petition has assailed the order dated 21.04.2025 passed by the respondent No.3-District Inspector of Schools (II), Meerut whereby he has recalled his earlier order dated 02.01.2025 recognizing the petitioner's Committee of Management. It is contended that the respondent No.3-District Inspector of Schools (II), Meerut has no jurisdiction to review its order dated 02.01.2025 and therefore, the impugned order is without jurisdiction. 4. Learned counsel for the respondents does not dispute the aforesaid proposition of law raised by learned counsel for the petitioners but he submits that in the instant case, the forged election has been set up which has been approved by the respondent No.3 inasmuch as the petitioner is not a Member of the General Body and in such view of the fact, there is no illegality in the impugned order. 5. The law is settled that the District Inspector of Schools has power to review its earlier order if the petitioner has obtained it by concealing material or by playing fraud. In the instant case, there is no such finding. 6. Learned counsel for the respondents is challenging the validity of the election of the petitioner on merit but this question could not have been gone into by the District Inspector of Schools while reviewing its order. 7. In the instant case, there is no finding by the District Inspector of Schools that the order dated 02.01.2025 was obtained by concealing material or by playing fraud, therefore, the impugned order cannot be sustained. 8. However, so far as the submission advanced by learned counsel for the respondents with regard to challenge the validity of election of the petitioner is concerned, it is open to the respondent No.4 to file representation against the election of the petitioner before the Regional Level Committee under the Government Orders dated 19.12.2000 and 20.10.2008 if so advised. In case, the respondent No.4 files any representation before the concerned Regional Level Committee, the Regional Level Committee shall consider and decide the representation of the respondent No.4 expeditiously preferably within a period of three months from the date of filing the representation strictly in accordance with law and after giving due notice and opportunity to all concerned parties. 9. The impugned order dated 21.04.2025 passed by the respondent No.3-District Inspector of Schools (II), Meerut is set aside. 10. The writ petition is allowed subject to observations made above. Order Date :- 14.5.2025 SSharma Digitally signed by :- SUNIL KUMAR SHARMA High Court of Judicature at Allahabad