AMARJEET SINGH AND 11 OTHERS v. STATE OF U.P. AND 4 OTHERS
WRIC/15798/2025 · 2025-05-18
Jayant Banerji
body2025
DailyLaw.ai
[ 2025 DAILYLAW 57071 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 57071 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:83146 Court No. - 7 Case :- WRIT - C No. - 15798 of 2025 Petitioner :- Amarjeet Singh And 11 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Bhawesh Pratap Singh Counsel for Respondent :- C.S.C. Hon'ble Jayant Banerji,J.
1. Heard Sri Ashok Khare, learned Senior Counsel assisted by Sri Bhawesh Pratap Singh, appearing for the petitioner.
2. This petition has been filed seeking the following reliefs:-
"(i) issue a writ, order or direction in the nature of certiorari quashing the
order dated 11.9.2024 passed by District Inspector of Schools-II, Kanpur Nagar respondent no.3 as well as election of Committee of Management of the Institution dated 10.8.2024 (Annexure No. 20 to the writ petition). (ii) issue a writ, order or direction in the nature of mandamus directing the respondent No.4 and 5 to restrain functioning as Manager and President of Committee of Management Khalsa Girls Inter College, Harjinder Nagar, Kanpur Nagar to meet the interest of justice."
3. The contention of Sri Khare is that as per the scheme of administration, it is the general body of the Society that is to elect the Committee of Management of Khalsa Girls Junior High School, Harjinder Nagar, Kanpur. The Society as defined in the scheme of administration is Managing Committee, Harjinder Nagar Junior High School, Chakeri, Kanpur and its registration No. is 462 (1957-58) dated 10.1.1958. 4. The contention is that meeting was called by a notice dated 25.7.2024 for election to the Committee of Management on
10.8.2024. On 30.7.2024, the Election Officer was appointed. By a letter dated 13.8.2024, the District Inspector of Schools, Kanpur Nagar was informed that his office had been informed by letters dated 8.7.2024 and 29.7.2024 regarding the election. It was informed that elections to the Committee of Management had been conducted prior to completion of the term of the previous committee of management, in which Sardar Manmohan Singh had again been elected as Manager of the institution. He states that it is evident from the record that there was no meeting of the general body of the society which is mandated to elect the committee of management, and, therefore, the impugned order of 11.9.2024 has
been passed by the District Inspector of Schools without verifying the correct facts and without considering the letter of the petitioner dated 22.8.2024 that has been enclosed as Annexure no. 21 to the writ petition. By the impugned order, the signature of the alleged newly elected Manager, Sardar Manmohan Singh has been verified. Thus, the order has been challenged. 5. Learned Standing Counsel appearing for the State-respondents states that a decision will be taken by the District Inspector of Schools after taking into account the representation dated 22.8.2024, moved on behalf of the petitioners. Sri Ashok Khare has no objection to that. 6. Under the circumstances, this petition is disposed of directing the District Inspector of Schools, respondent no.
3 to take a decision afresh taking into account the representation dated 22.8.2024 submitted by the petitioners after hearing all concerned by means of a reasoned and speaking order to be passed preferably within a period of one month from the date of furnishing a certified copy of the order passed today before the respondent no.3. 7. The impugned order dated 11.9.2024 shall abide by the final decision taken by the District Inspector of Schools in this regard.
Order Date :- 19.5.2025 sfa/ (Jayant Banerji, J) Digitally signed by :- SYED FAHEEM AHMAD High Court of Judicature at Allahabad