Partly allowed

C/M Bharat Bhakta Samaj Inter College and Another v. State of U.P. and 3 Others

Allahabad HC6 Sept 2018WRIC/30291/2018

Case brief

AI extract

What is this about?

The Court set aside the order of the Joint Director of Education dated 21.08.2018 for lack of jurisdiction in deciding the election dispute itself. The matter is remanded for the Regional Level Committee to decide on merit within four weeks.

What did the court decide?

Order dated 21.08.2018 set aside. Matter remanded to Regional Level Committee to decide on merit within four weeks after re-filing written arguments.

C/M Bharat Bhakta Samaj Inter College and Another… — Education and Admissions | Allahabad HC (2018)

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Court No. - 16

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Case :- WRIT - C No. - 30291 of 2018

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Petitioner :- C/M Bharat Bhakta Samaj Inter College And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Birendra Singh Counsel for Respondent :- C.S.C.,Mayank,Mritunjay Mohan Sahai

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Hon'ble Mrs. Sangeeta Chandra,J.

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Heard learned counsel for the petitioners and Sri M.M. Sahai learned counsel appearing for the private respondent.

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The grievance of the petitioner is against the order dated 21.08.2018 passed by the Joint Director of Education, Chitrakoot Dham Mandal, Banda (respondent No. 2).

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The allegation in the writ petition are to the effect that the petitioner was validly elected Manager in an election held on 12.03.2017. The District Inspector of Schools, Banda by his order dated 23.03.2017 granted recognition to the said election and had also attested the signature of the petitioner as elected Manager. The respondent No. 5 i.e. outgoing Manager had also participated in the entire election proceedings held on 12.03.2017 but he did not file any nomination paper on the ground of bad health and old age. He remained silent for a period of more than one year and thereafter, filed a Writ Petition No. 14782 of 2018 (Kuber Singh Vs. State of U.P. and others), questioning the validity of the election dated 12.03.2017. The Writ Petition No. 14782 of 2018 was disposed off by this Court on 24.04.2018 with the direction to the Joint Director of

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Education to determine whether the dispute was deserving of a reference to the Regional Level Committee. The Regional Level Committee was alone empowered to decide and the reference for the same was to be made by the Joint Director of Education. However, the Joint Director of Education without any jurisdiction and in purported compliance of the order passed by this Court on 24.04.2018, has decided the dispute of election himself by hearing both the parties and coming to a conclusion that the said election was invalid.

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It has been submitted by the learned counsel for the petitioner that that Joint Director of Education, Chitrakoot Dham Mandal, Banda was not empowered either under the Scheme of the Act or the Government Order issued thereafter or even by the judgment and order dated 24.04.2018 to decide the dispute himself. He had only to determine whether prima facie case had been made out for referring the dispute to the Regional Level Committee.

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Sri M.M. Sahai appearing for the private respondent fairly concedes that the order could not have been passed by the Joint Director of Education himself. He could have only referred the matter to the Regional Level Committee. However it is his grievance that official respondents are colluding with each other only to benefit the petitioner. The Joint Director of Education very well knew that he had no power to decide the dispute but he decided the dispute in any case, only to help the petitioner knowing that his order would be challenged and would be set aside by this Court.

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If that be so, as alleged by the learned counsel for the private respondent, the order dated 21.08.2018 is set aside. Let the matter be referred to the Regional Level Committee who shall decide the matter without being influenced by the observations made by the Joint Director of Education, within a period of four weeks from the date of production of certified of this order before the Joint Director of Education. The opportunity of hearing had been provided by the Joint director but his order has been set aside as being without jurisdiction. Therefore, all the papers submitted before the Joint Director of Education of the Region shall again be filed by both the parties along with their written arguments before the Regional Level Committee who shall consider and decide the matter on merit.

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The writ petition is partly allowed.

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Order Date :- 6.9.2018 A. Tripathi

C/M Bharat Bhakta Samaj Inter College and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

C/M Bharat Bhakta Samaj Inter College and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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