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2025 DAILYLAW 94656 (ALL)

COMMITTEE OF MANAGEMENT AND ANOTHER v. STATE OF UP AND 3 OTHERS

SPLA/831/2025 · 2025-09-16

Arun Bhansali, Kshitij Shailendra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD SPECIAL APPEAL No. - 831 of 2025 Chief Justice's Court HON'BLE ARUN BHANSALI, CHIEF JUSTICE HON'BLE KSHITIJ SHAILENDRA, J. 1. The appeal is directed against order dated 28.08.2025 passed by the learned Single Judge, wherein on the appellant challenging the order dated 07.08.2025 passed by the Regional Joint Director of Education, Aligarh Region Aligarh, the learned Single Judge noticing all the submission made regarding the challenge laid as well as the objections of the respondent, indicated that matter required consideration and directed filing of short counter affidavit and fixed the matter on 08.10.2025. 2. In the meanwhile, the elections which were scheduled on 14.09.2025 as a consequence of order dated 07.08.2025 have also been held. 3. Attempt was made to make submission pertaining to the merit of the writ petition to indicate that the entire action of the Regional Joint Direction of Education in passing the order dated 07.08.2025 was absolutely illegal and contrary to law and, therefore, the learned Single Judge was not justified in not passing any order on stay application. 4. Having heard learned counsel for the appellants, it is apparent that irrespective of the merits of the case, learned Single Judge only indicated that the matter required consideration and called upon the respondents to file short counter affidavit and fixed 08.10.2025 as the next date in the matter and whereafter the elections have taken place. 5. In a matter of present nature wherein interim order has not been granted Versus Counsel for Appellant(s) : Vinod Kumar Singh Counsel for Respondent(s) : Jagdish Pathak (S.C.), G.K. Singh (Sr. Advocate) with Sandeep Kumar Committee of Management Sri Nehru Smarak Inter College and another .....Appellant(s) State of UP and 3 others .....Respondent(s) and subsequent events have also taken place before the petitioner could question the validity of order dated 28.08.2025, we do not find any reason to entertain the present special appeal. The petitioner would have to agitate the matter before the learned Single Judge including the subsequent events. 6. The next fixed in the matter is 08.10.2025. It is expected of the learned Single Judge to ensure that the matter is taken up on the said date and appropriate order is passed. 7. With the above observations, the special appeal is disposed of. September 17, 2025 Sandeep/Jyotsana SPLA No. 831 of 2025 2 (Kshitij Shailendra,J.) (Arun Bhansali,CJ.) Digitally signed by :- SANDEEP KUMAR High Court of Judicature at Allahabad