Court dismissed a petition seeking quashing of orders related to college management appointment, holding it non-maintainable as the authorized controller was appointed and the petitioner committee did not exist at the time.
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Court No. - 36
Case :- WRIT - A No. - 19340 of 2021
Petitioner :- C/M Of The Committee, Nanak Chand Inter College Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Ashutosh Upadhyay Counsel for Respondent :- C.S.C.,Krishna Kumar Chand
Hon'ble Rajiv Joshi,J.
Heard Sri Ashutosh Upadhyay, learned counsel for the petitioner, learned Standing Counsel for the respondents -1, 3, 4, 5 & 6 and Sri Krishna Kumar Chand, learned counsel for the respondent-2.
Present writ petition under Article 226 of the Constitution has been filed for following relief:
(i) issue a writ, order or direction in the nature of certiorari quashing the order dated 10.08.2021 and 23.10.2021 passed by respondent no. 5 (annexure no. 9 & 10 to the writ petition respectively).
Subsequently, the writ petition was amended and added relief (iv), which is quotes as under:
"(iv) issue a writ, order or direction in the nature of certiorari quashing the order dated 21.12.2021 passed by respondent no.4. It is further prayed that the order dated 21.12.2021 passed by respondent no.4 may be stayed during the pendency of the present writ petition"
The order dated 21.12.2021 indicates that the authorized controller has been appointed as the petitioner-committee of management failed to join the respondent-7 in the institution in spite of several reminders issued by the concerned educational authorities in this regard, who was duly selected by respondent no.2-Uttar Pradesh Secondary Education Service Selection Board, Prayagraj.
Since, the authorized controller has been appointed and the petitioner-committee of management is not in existence and as such, present writ petition is not maintainable.
The writ petition is, accordingly, dismissed.
Order Date :- 12.4.2022 Noman
Digitally signed by NOMAN AHMAD Date: 2022.04.13 10:46:41 IST Reason: Location: High Court of Judicature at Allahabad
C/M Of The Committee, Nanak Chand Inter College
State Of U.P.
Rajiv Joshi
Noman Ahmad
As recorded by the court registry
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