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2025 DAILYLAW 63412 (ALL)

COMMITTEE OF MANAGEMENT AND ANOTHER v. STATE OF U.P. AND 2 OTHERS

WRIA/7725/2025 · 2025-07-06

Mayur Jain Jt Registrar J Listing

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:106500 Court No. - 32 Case :- WRIT - A No. - 7725 of 2025 Petitioner :- Committee Of Management And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rahul Jain Counsel for Respondent :- C.S.C. Hon'ble Chandra Dhari Singh,J. 1. The instant writ petition has been filed seeking the following main prayer:- "Issue a writ of mandamus, order or direction in the nature mandamus commanding the District Inspector of Schools Auraiya to pass orders on the proposal dated 07.09.2018 of termination of respondent no.3 passed by the Committee of Management of Narayan Inter College, Malhausi, Auraiya." (II) Issue a writ, order or direction in the nature of Mandamus against the respondent no.3 to put the election of the RWA at abeyance till the order is being passed on the representation of the petitioner dated 18.01.2025 in consonance with decision of the GBM dated 24.11.2024 and 09.01.2025." 2. Learned counsel appearing on behalf of the petitioners without entering into merits of the case, only made an innocuous prayer for issuance of writ of mandamus, order or direction to the D.I.O.S. to pass orders on proposal dated 07.09.2018 of termination of respondent no.3-Sri Bhagwan Das. It is submitted that the petitioners have sent all the papers again to the D.I.O.S. on 11.09.2024 pertaining to respondent no.3. 3. Per contra, learned Standing Counsel appearing on behalf of the State-respondent vehemently opposed the petition on merits, but has not opposed the innocuous prayer as made by learned counsel appearing on behalf of the petitioners. 4. Heard Sri Rahul Jain, learned counsel appearing on behalf of the petitioners, Sri Dinesh Kumar Singh, learned Standing Counsel appeared on advance accepted notice on behalf of State- respondents, perused the contents made in the writ petition and the documents on record. 5. Without entering into merits of the case, I am inclined to allow the innocuous prayer made by learned counsel appearing on behalf of the petitioners as no objection made on behalf of learned Standing Counsel appearing on behalf of the State-respondents. The respondent no.2-District Inspector of Schools, Auraiya is directed to pass orders on proposal dated 07.09.2018 of termination of respondent no.3 and proceed with the matter to conclude the proceeding under Section 16-G(3)(a) of Intermediate Education Act, 1921, pending before him, in accordance with law, expeditiously, preferably within a period of six weeks from today. 6. With the aforesaid directions/observations, the present writ petition is disposed of. . (Chandra Dhari Singh, J.) Order Date :- 7.7.2025 Atul Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad