Disposed

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

Allahabad HC19 Jun 2020WRIC/9998/2020

Case brief

AI extract

What is this about?

This single judgment, though titled an order on impleadment, proceeds to dispose of a writ petition challenging election invalidity and a single operation of accounts order. The court, noting the Regional Level Committee is already seized of the matter, dismissed the petition in favor of the Committee's proceedings and imposed a status-quo for eight weeks.

What did the court decide?

Petition disposed of in favor of Regional Level Committee proceedings; status-quo maintained for eight weeks; impugned orders held subject to Committee's final orders.

C/M Janta Inter College and Another Vs State of… — Education and Admissions | Allahabad HC (2020)

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Court No. - 3

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Case :- WRIT - C No. - 9998 of 2020

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Petitioner :- C/M Janta Inter College And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Bheem Singh,Govind Kumar Singh (Senior Adv.)

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Counsel for Respondent :- C.S.C.

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Hon'ble Vivek Varma,J.

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(Order on impleadment application)

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Heard Sri G.K. Singh, learned Senior Advocate assisted by Sri Bheem Singh, learned counsel for the petitioner, Sri R.K. Ojha, learned Senior Advocate assisted by Sri Adarsh Singh, learned counsel for the private respondent and learned Standing Counsel for the State respondents.

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The impleadment application no. NIL of 2020 dated 19th June, 2020 is allowed.

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Let necessary impleadment be carried out during the course of the day.

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(Order on petition)

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The present writ petition has been filed against the order dated 29.05.2020, by which the respondent no. 3 has invalided the elections held on 28.05.2020. He has also assailed the order dated 08.06.2020 by which the said respondent has passed an order of single operation of accounts of the Institution.

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Sri G.K. Singh, learned Senior Advocate has placed reliance upon judgment of this Court in the matter of Jagdish Prasad Sharma Vs. State of U.P. and others , reported in (2017) 4 UPLBEC 2692 and submitted that the District Inspector of Schools instead of examining the legality of election dated 28.05.2020 and declaring he same as illegal vide order dated 29.05.2020 ought to have referred the same for adjudication to the Regional Level

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Committee. He has placed reliance upon the Government Order dated 20.10.2008 (annexure-11 to the writ petition). He further submits that the order dated 29.05.2020 has been passed without affording any notice or opportunity to the petitioners.

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When the matter is taken up today, Sri R.K. Ojha, learned Senior Advocate, who appeared on behalf of respondent no. 4, submits that the petitioner no. 2 has already approached the Regional Level Committee against the order dated 29.05.2020 and on 05.06.2020 the Regional Level Committee has passed an order of status-quo. Said order dated 05.06.2020 has been produced and is taken on record, which reads as under:

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2 of 3

la;qDr f'k{kk funs'kd] izFke e.My] esjB”

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In view of the said fact, since the Regional Level Committee is seized of the matter, with the consent of parties, this petition is disposed of with the following directions:

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a) the Regional Level Committee shall decide the legality or otherwise of the elections so held, in accordance with law within a period of eight weeks from the date of presentation of certified copy of this order;

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b) for a period of eight weeks or till the matter is decided by the respondent no. 2, i.e., Regional Level Committee, the statusquo as was existing prior to 29.05.2020 shall be maintained by the parties;

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c) the orders dated 29.05.2020 and 08.06.2020 shall be subject to final orders passed by the respondent no. 2.

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Order Date :- 19.6.2020 Ashish

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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

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