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2025 DAILYLAW 5480 (ALL)

C/M JANTA VAIDIC INTER COLLEGE BARAUT AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

WRIC/592/2020 · 2025-03-17

Saral Srivastava

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Judgment text

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Neutral Citation No. - 2025:AHC:38762 Court No. - 32 Case :- WRIT - C No. - 592 of 2020 Petitioner :- C/M Janta Vaidic Inter College Baraut And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kshitij Shailendra (Elevated),Nipun Singh,Shri G.K. Singh (Senior Advocate ) Counsel for Respondent :- Abhishek Mishra,C.S.C.,Parvish Kumar,Prabhakar Awasthi,Rahul Mishra,Sheetla Sahai Srivastava Hon'ble Saral Srivastava,J. 1. Heard Sri G.K. Singh, learned Senior Counsel appearing 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 24.12.2019 passed by respondent no.3-District Inspector of Schools, Baghpat. 3. The only submission advanced by the learned Senior Counsel for the petitioner is that it is admitted on record that there were two set of elections of the Committee of Management of the College namely 'Janta Vaidic Inter College, Baraut, Baghpat' before the District Inspector of Schools, and therefore, the District Inspector of Schools has no jurisdiction to interfere with the validity of election and recognise the election of respondent no.4, and the only recourse available to the District Inspector of Schools was to refer the matter to the Regional Level Committee. 4. The aforesaid legal proposition of law raised by the learned Senior Counsel for the petitioner has not been disputed by the learned counsel for respondents. However, he submits that two set of elections have been submitted by the parties which is pending consideration before the District Inspector of Schools. He further submits that since election pertains to the year 2019 and term of Committee of Management of the College has expired, therefore, no relief can be granted to the petitioner at this stage. 5. Be that as it may, this Court is of the view that since impugned order is without jurisdiction, and term of the Committee of Management of the College has expired and under the Scheme of Administration, a valid Committee of Management can continue upto three years and one month, therefore, it is only Authorised Controller who is empowered to hold the election of Committee of Management. 6. Accordingly, considering the aforesaid facts of the case, this Court in the interest of justice directs the Joint Director of Education, Meerut Region, Meerut to appoint an Authorised Controller within a period of three weeks from the date of production of certified copy of this order. The Authorised Controller is further directed to hold the election of Committee of Management of the College within a period of three months from the date he assumes the charge of Authorised Controller. 7. The writ petition is disposed off subject to observations made above. There shall be no order as to costs. Order Date :- 18.3.2025 Sattyarth Digitally signed by :- SATTYARTH ANAND High Court of Judicature at Allahabad