Allowed

Ambrish Kumar and Another v. State of U.P. and 3 Others

Allahabad HC12 Dec 2019WRIC/41189/2019

Case brief

AI extract

What is this about?

This writ petition sought a mandamus to command the Joint Director of Education to ensure compliance with the Regional Level Committee's order of 21.08.2018 directing fresh elections. The court directed the Director to compel the District Inspector of Schools to hold elections within six months and appoint the Prabandh Sanchalak.

What did the court decide?

Mandamus issued to the Joint Director of Education to ensure compliance with the Regional Level Committee's order and to direct the District Inspector of Schools to hold elections within six months an

Ambrish Kumar and Another Vs State of U.P. and 3 Others — Property and Title | Allahabad HC (2019)

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Court No. - 54

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Case :- WRIT - C No. - 41189 of 2019

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Petitioner :- Ambrish Kumar And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vinod Kumar Singh Counsel for Respondent :- C.S.C.

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Hon'ble Rajiv Joshi,J.

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Heard Sri Vinod Kumar Singh, learned counsel for the petitioners and learned Standing Counsel.

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Present writ petition has been filed for the issuance of writ of mandamus commanding the Joint Director of Education, Meerut Region, Meerut to ensure compliance of the order of the Regional Level Committee dated 21.08.2018.

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It reflects from the record that the petitioners, who are life members of the institution known as Subhash Uchchattar Madhyamik Vidyalaya, Rajpura, Mawana Road, District Meerut (hereinafter referred to as the Institution), which is being governed as per the provisions of U.P. Intermediate Education Act, 1921. The committee of mangement of the said Institution is governed by the approved scheme of administration. It further reflects that after 1981, last election of committee of management of the institution was held in the year 2015, in which one Rajpal Singh was elected as manager of the committee of management. Subsequently, the election was challenged by the petitioners and District Inspector of Schools vide order dated 10.09.2015 approved the said election and directed the Manager, Sri Rajpal Singh to take step for election of remaining posts of officer-bearers of the committee of

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management within a month. The order dated 10.9.2015 was challenged by means of Writ C No. 54396 of 2015, which was dismissed vide order dated 22.9.2015 on the ground that petitioners have a remedy to challenged the election before the Regional Level Committee.

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Subsequently, the petitioners approached the Joint Director of Education, who is the Chairperson of the Regional Level Committee submitted the the report dated 22.6.2017 observing therein that the dispute is liable to be decided by the Regional Level Committee. Since, the Regional Level Committee has not decided the dispute, the petitioners filed another writ petition being Writ C No. 19068 of 2018, which was finally disposed of vide order dated 25.5.2018 with a liberty to approach the respondent no.2Regional Level Committee by way of filing fresh representation and the Regional Level Committee was directed to take decision in the matter in accordance with law after hearing the committee of management and any other person,who is likely to be affected.

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Pursuant to the order of this Court dated 25.5.2018 in Writ C No. 19068 of 2018, the Regional Level Committee decided the matter on 21.8.2018, whereby a direction was issued to hold fresh election as per the approved scheme of administration and the election held on 29.8.2015 is contrary to Section 6 and 8 of the approved Scheme of Administration.

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It is contended by learned counsel for the petitioners that till date no election has been held as per the order of the Regional Level Committee by the District Inspector of

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Schools, Meerut. The petitioners represented the matter to the Joint Director of Education vide representation dated 12.10.2018 and thereafter send a reminder on 26.11.2019, but neither any election held nor any order has been passed on the said representation.

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On the facts and circumstances as stated above, writ of mandamus is issued directing the respondent no.2-Joint Director of Education, Meerut Region, Meerut to ensure compliance of the order of the Regional Level Committee dated 21.08.2018 and direct the District Inspector of Schools, Meerut to hold the election of the Institution as expeditiously as possible preferably within a period of six months and pass order for appointment of Prabandh Sanchalak as per the provisions of Section 7 of Scheme of Administration.

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With the aforesaid observation/direction, the writ petition stands disposed of.

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Order Date :- 12.12.2019 Noman

Ambrish Kumar and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Ambrish Kumar and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

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