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2025 DAILYLAW 97681 (ALL)

COMMITTEE OF MANAGEMENT, SHRI SHANKAR ADARSH INTER COLLEGE AND ANOTHER v. STATE OF U.P. AND 4 OTHERS

WRIC/33191/2025 · 2025-10-12

Saurabh Shyam Shamshery

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 33191 of 2025 Court No. - 32 HON'BLE SAURABH SHYAM SHAMSHERY, J. 1. Heard Sri Prabhakar Awasthi, learned counsel for petitioners and Sri R.K. Ojha, learned Senior Advocate assisted by Sri Surya Bhan Singh, Advocate for Respondent-5. 2. In the present case a dispute is raised with regard to election of Committee of Management of Shri Shankar Adarsh Inter College, Jaunpur, which took place on 11.05.2025 and approved by District Inspector of Schools, Jaunpur vide order dated 17.05.2025. 3. The dispute is raised by rival committee that another election was conducted wherein petitioners were elected though admittedly no such dispute is still raised before District Inspector of Schools, Jaunpur. 4. Learned counsel for petitioners refers various documents annexed alongwith this writ petition to submit that elected respondents are even barred to contest election for any post under Committee of Management and he also refers some inquiries and that a writ petition is also pending before this Court. 5. Per contra, learned Senior Advocate appearing for elected Committee Versus Counsel for Petitioner(s) : Prabhakar Awasthi, Rajesh Kumar Singh Counsel for Respondent(s) : C.S.C., Surya Bhan Singh Committee Of Management, Shri Shankar Adarsh Inter College And Another .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) of Management, has made a preliminary objection that petitioner has a liberty to first raise the dispute before District Inspector of Schools concerned and thereafter it can be referred to Regional Level Committee for consideration. 6. I have considered the above submissions and perused the record. 7. By means of impugned order election of rival committee is approved. Therefore, the dispute as raised by petitioners, being disputed questions of fact, cannot be adjudicated by this Court at first instance since petitioner has still remedy to approach the concerned District Inspector of Schools, which may be referred to Regional Level Committee. 8. In view of above, this writ petition is disposed with aforesaid liberty to petitioners. If such dispute is raised before District Inspector of Schools, Jaunpur, it may be referred to Regional Level Committee, which will decide the dispute in accordance with law expeditiously. October 13, 2025 AK WRIC No. 33191 of 2025 2 (Saurabh Shyam Shamshery,J.) Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad