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2025 DAILYLAW 9576 (ALL)

C/M TEWARI JWALA PRASAD ARYA KANYA INTER COLLEGE AND ANOTHER v. STATE OF U P AND 4 OTHERS

WRIC/4873/2021 · 2025-02-06

Saral Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:17644 Court No. - 32 Case :- WRIT - C No. - 4873 of 2021 Petitioner :- C/M Tewari Jwala Prasad Arya Kanya Inter College And Another Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Arvind Kumar Srivastava,Sanjeev Singh,Vivek Mishra Counsel for Respondent :- C.S.C. Hon'ble Saral Srivastava,J. 1. Heard counsel for the petitioners, learned Standing Counsel for the State- respondents and perused the records. 2. The petitioners by means of the present writ petition have assailed the order dated 14.01.2021 passed by the Director of Education (Secondary), Uttar Pradesh, Shiksha Samanya (1), III Division, Prayagraj/Additional Director, Secondary Education, Uttar Pradesh, Prayagraj (respondent no.2), whereby he has directed the Regional Level Committee, Kanpur to re-hear the proceedings of election. 3. This Court on 22.02.2021 passed the following order: "Tag with Writ- C No. 13359 of 2020. Learned Standing Counsel as well as learned counsel representing the private respondent pray for and are granted six weeks' time to file a counter affidavit. Petitioner shall have two weeks' time thereafter to file a rejoinder affidavit. Include in the additional cause list of 13 April 2021. In the meanwhile and bearing in mind the fact that by the order of 13 October 2020 the dispute with respect to management of the society has been finally decided by the Regional Level Committee and which forms subject matter of challenge in that writ petition, all further proceedings presently being taken by the Regional Level Committee pursuant to the communication of 14 January 2021 shall remain stayed. This since presently the Court has not been shown any power conferred on that Committee empowering it to reopen or review proceedings which have been finally decided. Matter requires consideration." 4. A pure legal question involved in the present writ petition is as to whether once the Regional Level Committee had decided the dispute in favour of the petitioner and based upon the order passed by the Regional Level Committee, the District Inspector of Schools, has attested the signatures of the petitioners, whether the Regional Level Committee has power to re-open the dispute and hear it again or not. 5. Counsel for the respondents submits that since several issues could not be decided by the Regional Level Committee, therefore, the Regional Level Committee has re-started hearing the matter. 6. Be that as it may, it is not in dispute that the Regional Level Committee has by order dated 13.10.2020 decided the dispute in favour of the petitioners and recognized the Committee of Management of the petitioner, and pursuant to the order passed by the Regional Level Committee dated 13.10.2020, the District Inspector of Schools has attested the signatures of the petitioners. The order of the Regional Level Committee 13.10.2020 has been assailed by the petitioners in Writ- C No.6930 of 2022. 7. Once the Regional Level Committee has decided the dispute in favour of the petitioners, it became functus officio, and it has no power to re-visit and re-decide the same. 8. In such view of the fact, the impugned order dated 14.01.2021 passed by the Director of Education (Secondary), Uttar Pradesh, Shiksha Samanya (1), III Division, Prayagraj/Additional Director, Secondary Education, Uttar Pradesh, Prayagraj (respondent no.2) cannot be sustained in law and is, hereby, set aside. 9. The writ petition is allowed in terms of the aforesaid orders. Order Date :- 6.2.2025 CS/- Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad