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2025 DAILYLAW 76794 (ALL)

SANJEEV KUMAR AND 4 OTHERS v. STATE OF U.P. AND 4 OTHERS

WRIC/23245/2025 · 2025-07-27

Mayur Jain Jt Registrar J Listing

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:123927 Court No. - 32 Case :- WRIT - C No. - 23245 of 2025 Petitioner :- Sanjeev Kumar And 4 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Aditendra Singh,Vinod Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Chandra Dhari Singh,J. 1. The instant writ petition has been filed seeking following prayers:- "i) issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 18.03.2025 passed by, respondent no.3, District Inspector of Schools, Baghpat (Annexure No.1 to the writ petition); ii) issue a writ, order or direction in the nature of mandamus directing and commanding the respondent no.3, Joint Director of Education to place the matter before the Regional Level Committee, respondent no.2; iii) issue a writ, order or direction in the nature of mandamus commanding the Regional Level Committee, respondent no.2 to consider and decide the objection raised by petitioners with respect to alleged election of Committee of Management held on 16.03.2025;" 2. Learned counsel appearing on behalf of the petitioner, after arguing at some length on merit, made an innocuous prayer that the representation of the petitioner is pending before the Regional Level Committee i.e. respondent no.2 to consider and decide the objection raised by the petitioner with respect to election of Committee of Management held on 16.03.2025. It is further submitted that he is not pressing prayer (i) of the writ petition at this stage and submitted that the objection regarding the order passed by the respondent no.3 may also be considered by the Regional Level Committee. 3. Per contra, Sri Awadhesh Kumar Mishra, learned Standing Counsel appearing on behalf of State-respondents appeared in advance accepted notice vehemently opposed the instant writ petition on merit but has no objection on the innocuous prayer as made by the learned counsel appearing on behalf of the petitioner. 4. Heard learned counsel appearing on behalf of the petitioner and learned Standing Counsel appearing on behalf of the State- respondents and perused the contents made in the writ petition. 5. Since, the learned counsel for the petitioner has not pressed the matter on merit and also not pressing the prayer (i) of the writ petition and only made an innocuous prayer for deciding the representation pending before the Regional Level Committee, and no objection made by learned Standing Counsel appearing on behalf of State- respondents on the prayer made by the learned counsel appearing on behalf of the petitioner, without entering into merits of the case, I am inclined to allow the innocuous prayer made by the learned counsel for the petitioner. The petitioner may approach the Regional Level Committee alongwith the certified copy of this order within seven days from today. In case the petitioner approached, the Regional Level Committee is directed to decide the representation, which is pending before it, after hearing all the affected parties, in accordance with law, expeditiously, preferably within a period of six weeks thereafter. 6. With the aforesaid directions/observations, the present writ petition is disposed of. Order Date :- 28.7.2025 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