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2025 DAILYLAW 61680 (ALL)

AMIT KISHORE AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

WRIC/16313/2025 · 2025-07-13

Mayur Jain Jt Registrar J Listing

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Judgment text

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Neutral Citation No. - 2025:AHC:112593 Court No. - 32 Case :- WRIT - C No. - 16313 of 2025 Petitioner :- Amit Kishore And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Amit Kumar Verma,Manvendra Nath Singh,Sr. Advocate Counsel for Respondent :- C.S.C.,Raghav Dev Garg,Yashvi Agarwal Hon'ble Chandra Dhari Singh,J. 1. The instant writ petition has been filed seeking the following main prayers:- "(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 11.04.2025 passed by the Respondent no. 2/ District Fee Regulatory Committee, Ghaziabad and impugned notice dated 04.03.2025 issued by the Respondent No.4/ Principal-director Seth Anandram Jaipuria School (contained in Annexure Nos.1 and 2 the writ petition); (ii) Issue a writ order or direction in the nature of mandamus commanding the respondent no.4 to accept the fee structure as fixed by the respondent no.2/ DFRC in its order dated 02.09.2020 (Annexure No.7 of the writ petition) and to comply the order dated 17.12.2020 passed by this Hon'ble Court in W.P. No.21050 of2020 (Seth Anandram Jaipuria School Vs. State of U.P. and 3 others) (Annexure No.4 of the writ petition); (iii) Issue a writ, order or direction in the nature of mandamus commanding the respondent No.4 to declare the result of the Petitioner no.1 and to permit him to attend next promoted class and not to compel the petitioner to deposit rest of the amount as per impugned notice dated 4.3.2025; (iv) Issue a writ, order or direction in the nature of mandamus commanding the respondent Nos.1 to 3 to take appropriate action against the respondent no.4;" 2. Mr. M.C. Chaturvedi, learned Additional Advocate General assisted by Mr. Jitendra Singh, learned counsel appearing on behalf of respondent nos.1 to 3 appeared and submitted that the impugned order, which has been challenged in the instant writ petition has already set aside by the appellate authority and remanded back to decide a fresh. It is further submitted that since impugned order is not in existence, therefore, the instant writ petition is not maintainable. 3. Mr. Anurag Khanna, learned Senior Counsel assisted by Mr. Raghav Dev Garg, learned counsel appearing on behalf of respondent no.4 has apprised the Court that the respondent no.2/ District Fee Regulatory Committee, Ghaziabad has already heard both the sides after remanding the matter to the Committee by the appellate authority on 03.07.2025 and the same is pending for order. 4. Learned counsel appearing on behalf of petitioners has not disputed the said facts as apprised by the learned Additional Advocate General appearing on behalf of respondent nos.1 to 3 and learned Senior Counsel appearing on behalf of respondent no.4 and prayed that the Committee concerned may be directed to pass an order at earliest. 5. Taking into consideration the submissions made by the learned counsel for the parties as well as the contents made in the writ petition, since the children interests are involved in the matter, therefore, I am of the opinion that respondent no.2/ District Fee Regulatory Committee, Ghaziabad, which has already heard the matter finally after hearing both the sides and kept the same pending for the order, it is directed that the respondent no.2 shall pass a detailed order in accordance with law, after considering both sides submissions within two weeks from today. 6. With the above observation/ direction, the writ petition is disposed of. Order Date :- 14.7.2025 Radhika (Chandra Dhari Singh, J.) Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad