Quashed

C/M Sri Dayanand Madhyamik Vidyalaya and Another v. State of U.P. and 5 Others

Allahabad HC6 Jan 2020WRIC/29263/2019

Case brief

AI extract

What is this about?

This petition challenged an order by the Joint Director of Education adjudicating a rival claim between the petitioner institution and respondent no. 5. The court held that jurisdiction rested with the Regional Level Committee as per Government Order 18.12.2000.

What did the court decide?

Impugned order dated 10.7.2019 quashed and matter remitted to Regional Level Committee to adjudicate rival claim within six months.

C/M Sri Dayanand Madhyamik Vidyalaya and Another… — Education and Admissions | Allahabad HC (2020)

¶1

Court No. - 54 Case :- WRIT - C No. - 29263 of 2019 Petitioner :- C/M Sri Dayanand Madhyamik Vidyalaya And Another

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Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Saurabh Singh,Amit Saxena (Senior Adv.)

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Counsel for Respondent :- C.S.C.,Rakesh Kumar Pandey

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Hon'ble Rajiv Joshi,J.

¶5

Sri Ajay Kumar, learned counsel for the respondent no.5 states he does not want propose to file any counter affidavit in the matter and the matter be decided on the basis of material available on record.

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Heard learned counsel for the petitioner and learned Standing counsel as well as learned counsel for respondent no.5.

¶7

The present writ petition has been filed for quashing the impugned order dated 10.7.2019 passed by the Joint Director of Education Aligarh region Aligarh whereby the rival claim set up by the petitioner's Institution and respondent no. 5 was decided and further writ of mandamus commanding the respondent authorities to restrain the respondent no.5 from functioning as Manager and appoint Authorized Controller for operation of the bank account.

¶8

Submission of learned counsel for the petitioner is that earlier the Regional Level Committee was directed to adjudicate the rival claim of the petitioner's Institution and respondent no.5 vide reference order dated 20.1.2019 passed by District Inspector of Schools but in stead of deciding the same by the Regional Level Committee, the impugned order has been passed by the Joint Director of Education which is beyond jurisdiction.

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It is further submitted by learned counsel for the petitioner that as per the Government Order dated 18.12.2000, the jurisdiction to adjudicate the rival election vested upon the Regional Level Committee headed by Joint Director of Education.

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On the other hand, learned Standing counsel as well as learned counsel for respondent no.5 conceded the said facts that the claim with regard to the rival elections has to be adjudicated by the Regional Level Committee and not by the Joint Director of Education alone.

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In view of the above, the impugned order dated 10.7.2019 is

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hereby quashed and the matter was remitted to the Regional Level Committee to adjudicate the rival claim of the petitioner's Institution and respondent no.5 and pass appropriate orders as expeditiously as possible preferably within a period of six months from the date of the production of the certified copy of this order after affording opportunity of hearing to the parties concerned.

¶13

Order Date :- 6.1.2020 Akbar

C/M Sri Dayanand Madhyamik Vidyalaya and Another v. State of U.P. and 5 Others

Case brief

What is this about?

What did the court decide?

C/M Sri Dayanand Madhyamik Vidyalaya and Another v. State of U.P. and 5 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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