Disposed

C/M Janta Inter College and Another v. State of U P and 2 Others

Allahabad HC11 Dec 2019WRIC/39761/2019

Case brief

AI extract

What is this about?

This writ petition challenged an order directing the college management committee to hold elections within one month, threatening action under the Intermediate Education Act. The court found no illegality but directed the Education Officer to expedite an order on the petitioner's pending application for an extension of time due to a membership dispute.

What did the court decide?

The respondent DIOS is directed to pass appropriate orders on the petitioner's application for extension of time within three weeks. No order as to costs.

C/M Janta Inter College and Another Vs State of U P… — Service and Employment | Allahabad HC (2019)

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Court No. - 54

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Case :- WRIT - C No. - 39761 of 2019

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Petitioner :- C/M Janta Inter College And Another Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Prabhakar Awasthi,D.C. Dwivedi Counsel for Respondent :- C.S.C.

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Hon'ble Rajiv Joshi,J.

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Heard Si Prabhakar Awasthi, learned counsel for the petitioners and learned standing counsel for the State-respondents. Perused the record.

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By means of the present petition under Art. 226 of the Constitution, the petitioners have challenged the order dated 2.11.2019 passed by respondent no. 3-DIOS, Etah, by which a direction has been issued to the petitioner-committee of management to hold election as per the approved Scheme of Administration within one month otherwise action would be taken against the petitioner -committee of management under section 16(D) of the Intermediate Education Act, 1921 by appointing authorised controller.

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Sri Awasthi, learned counsel for the petitioners contends that matter with regard to the membership is pending before the Assistant Registrar,Firms,societies and chits under section 4-B of the Societies Registration Act. The petitioner has also filed an application on 6.11.2019 for extension of time for holding the election so that matter pending before the Assistant Registrar,Firms,societies and chits, under section 4-B is decided. A copy of the said application has been appended as annexure-6 to the writ petition.

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After hearing the submissions and on perusal of the record, I do not find any illegality or infirmity in the order impugned passed by the DIOS. However, since application dated 6.11.2019 has already been made by the petitioner-committee of management for extension of time to hold election on the ground of pendency of membership matter before the Assistant Registrar,Firms,societies and chits, under section 4-B, therefore, the respondent no. 3-DIOS is directed to pass appropriate orders on the said application ( Annexure-6 ) in accordance with law expeditiously within a period of three weeks from the date of presentation of a certified copy of this order.

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With the above direction, the writ petition stands finally disposed of. No order as to costs.

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Order Date :- 11.12.2019/SNT/

C/M Janta Inter College and Another v. State of U P and 2 Others

Case brief

What is this about?

What did the court decide?

C/M Janta Inter College and Another v. State of U P and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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