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2025 DAILYLAW 78571 (ALL)

COMMITTEE OF MANAGEMENT, KAKORI SHAHEED INTER, COLLEGE AND ANOTHER v. STATE OF U.P. AND 5 OTHERS

WRIC/24221/2025 · 2025-10-07

Saurabh Shyam Shamshery

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 24221 of 2025 Court No. - 32 HON'BLE SAURABH SHYAM SHAMSHERY, J. 1. Heard Mr. G. K. Singh, learned Senior Advocate assisted by Mr. Prabhakar Awasthi, learned Counsel for the petitioner, Mr. Dinesh Kumar Singh, learned A.C.S.C. and Mr. R. K. Ojha, learned Senior Advocate assisted by Mr. Anuj Bajpai, learned Counsel for respondent no.5 an Mr. Yogesh Kumar Saxena, learned Counsel for respondent no.6. 2. The impugned order has been passed by a Regional Level Committee, comprising only two Members whereas, as per Government Order dated 19.12.2000, a Regional Level Committee is comprised of three Members, therefore, a ground is made out for interference. 3. An issue has also been cropped that whether one of the Member could act in a duel capacity to complete the quorum on a ground of necessity. However, at this stage, the Court is not entering into that issue since it has been informed that now the quorum of three Members is complete. 4. At this stage, Court also takes note of an order passed by a Co-ordinate Bench, in similar circumstances, in Writ C No. 7644 of 2025 dated 04.04.2025. 5. Keeping an issue open that whether in certain circumstances, a Regional Level Committee may decide a matter even when there are two Members, this writ petition is disposed of with a direction that a fresh decision shall be passed by the Regional Level Committee comprising of Versus Counsel for Petitioner(s) : Alok Shukla, Prabhakar Awasthi Counsel for Respondent(s) : Anuj Bajpai, C.S.C., Sanjeev Kumar Yadav, Yogesh Kumar Saxena Committee Of Management, Kakori Shaheed Inter, College And Another .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s) three Members, within a period of six weeks in accordance with law. Meanwhile, respondent no.5 shall continue to work subject to the fresh decision of the said Committee. October 8, 2025 Vijay WRIC No. 24221 of 2025 2 (Saurabh Shyam Shamshery,J.) Digitally signed by :- VIJAY KUMAR SAHU High Court of Judicature at Allahabad Digitally signed by :- VIJAY KUMAR SAHU High Court of Judicature at Allahabad