Disposed

Satish Chand Saxena v. State of U.P. and 3 Others

Allahabad HC17 Jan 2020WRIC/1256/2020

Case brief

AI extract

What is this about?

The petitioner challenged the continuation of the Committee of Management beyond the statutory expiration. The court directed the Joint Director of Education to appoint an Authorized Controller and hold fresh elections expeditiously.

What did the court decide?

Direction to Joint Director of Education to pass order on application dated 2.12.2019 for appointment of Authorized Controller and fresh election within one month.

Satish Chand Saxena Vs State of U.P. and 3… — Public Procurement and Tenders | Allahabad HC (2020)

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Court No. - 54

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Case :- WRIT - C No. - 1256 of 2020

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Petitioner :- Satish Chand Saxena Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Arvind Srivastava Iii Counsel for Respondent :- C.S.C.

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Hon'ble Rajiv Joshi,J.

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Heard Shri Arivind Srivastava III, learned counsel for the petitioner and learned Standing Counsel for the respondent Nos.1 to 3.

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Present Writ Petition under Article 226 of the Constitution of India has been filed by the petitioner for the following relief:-

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"a) issue a writ, order or direction including a writ in the nature of MANDAMUS commanding the respondent no.2 namely, Joint Director of Education, Secondary, Agra Region, Agra to appoint an Authorized Controller in the institution namely, Sri Chitragupta Inter College, Mainpuri in accordance with the Clause 10 of the Scheme of Administration.

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b) issue a writ, order or direction including a writ in the nature of MANDAMUS commanding the respondent no.2 namely, Joint Director of Education, Secondary, Agra Region, Agra to hold fresh election of the Committee of Management of Sri Chitragupta Inter College, Mainpuri, within stipulated period of time in accordance with the approved Scheme of Administration."

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It reflects from the record that the petitioner is the member of the Executive Committee and the last election of the Committee of Management of Sri Chitragupta Inter College, Mainpuri was held on 24.8.2014 in which one Sanjeev Kumar Saxena was elected as Manager of the Institution and Shri Kesav Saran Saxena was elected as President. Said election was approved by the District Inspector of Schools, Mainpuri vide order dated 8.9.2014. As per Clause 10 of the Scheme of Administration, term of the Committee was five years, which was expired on 7.9.2019. Thereafter, said management is continuing, who have no power to continue after the expiry of five years plus one month.

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It is contended by learned counsel for the petitioner that in view of Clause 10 of the Scheme of Administration, Joint Director of Education, Secondary, Agra Region, Agra has power to appoint

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Authorized Controller under whose supervision the election is to be held. It is further contended by learned counsel for the petitioner that detailed representation in this regard has been moved to the Joint Director of Education, Secondary, Agra Region, Agra on 2.12.2019, but till date no order appointing the Authorized Controller has been passed, copy of the said application dated 2.12.2019 is appended as Annexure No.4 at page 39 to the Writ Petition.

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No useful purpose will be served by calling the counter affidavit and keeping the Writ Petition pending. Under the facts and circumstances of the case, direction is issued to the Joint Director of Education, Secondary, Agra Region, Agra, respondent No.2 to pass appropriate order on the petitioner's application dated 2.12.2019 as expeditiously as possible, preferably within a period of one month from the date of production of a certified copy of this order before him.

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Writ Petition is, accordingly, disposed of.

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Order Date :- 17.1.2020 T. Sinha

Satish Chand Saxena v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Satish Chand Saxena v. State of U.P. and 3 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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