Disposed

Committee of Management Inter College Newarhiya, through Its Manager Nagendra Sharma and 2 Others v. State of U.P. through Its Principal Secretary, Secondary Education, Government of U.P. and 8 Others

Allahabad HC15 Jul 2024SPLA/589/2024

Case brief

AI extract

What is this about?

Intra-court appeal against an interlocutory order restraining a Manager from functioning after prima facie findings on the management election. The Division Bench did not disturb the order and disposed of the appeal by fixing timelines for counter and rejoinder affidavits and listing the writ petition for early disposal.

What the court decided

AI extract

Committee of Management Inter College Newarhiya… — Service and Employment | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:112445-DB

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Court No. - 21

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Case :- SPECIAL APPEAL No. - 589 of 2024

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Appellant :- Committee Of Management Inter College Newarhiya, Through Its Manager Nagendra Sharma And 2 Others Respondent :- State Of U.P. Through Its Principal Secretary, Secondary Education, Government Of U.P. And 8 Others Counsel for Appellant :- R. K. Singh Kaosik Counsel for Respondent :- C.S.C.,P.K. Upadhyay

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Hon'ble Manoj Kumar Gupta,J. Hon'ble Manish Kumar Nigam,J.

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The instant intra-court appeal is directed against the order of learned Single Judge dated 23.05.2024 in Writ - C No. 13075 of 2024. The appellants herein are respondents No. 7 & 9 in the writ petition. The learned Single Judge by impugned order has restrained appellant No. 2 from functioning as Manager of the Committee of Management of the college after recording certain, prima facie, findings relating to the manner, in which, election was held. The appellants have been granted time to file detailed counter affidavit and thereafter he has directed the matter to be listed before the Court.

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Shri R.K. Singh Kaosik, learned counsel for the appellants, after making brief submissions, states that he would file detailed counter affidavit within a week.

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Shri G.K. Singh, learned Senior Counsel assisted by Shri P.K. Upadhyay, appearing for the original writ petitioners (respondents No. 7 & 9 herein), states that he would file rejoinder affidavit within a week.

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Both the parties agree that thereafter a date may be fixed for final disposal and that none of them will seek any adjournment.

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Accordingly, without interfering with the impugned order, which is purely interlocutory in nature and shall not influence the final adjudication, the instant appeal is disposed of as follows:

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A) The appellants will have a week's time to file detailed counter affidavit and the respondents will have one week thereafter to file rejoinder affidavit.

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B) Counsel for the parties agree that since the dispute is essentially between two rival factions of Committee of Management and therefore, counter affidavit of other respondents would not be required.

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C) The writ petition would be listed for disposal before learned Single Judge on 5 August 2024.

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D) Counsel for the parties will not seek any adjournment unless extremely necessary and will cooperate in disposal of the writ petition.

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Order Date :- 15.7.2024 Mukesh Kr.

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(Manish Kumar Nigam,J.) (Manoj Kumar Gupta,J.)

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Digitally signed by :- MUKESH KUMAR High Court of Judicature at Allahabad

Committee of Management Inter College Newarhiya, through Its Manager Nagendra Sharma and 2 Others v. State of U.P. through Its Principal Secretary, Secondary Education, Government of U.P. and 8 Others

Case brief

What is this about?

What the court decided

Committee of Management Inter College Newarhiya, through Its Manager Nagendra Sharma and 2 Others v. State of U.P. through Its Principal Secretary, Secondary Education, Government of U.P. and 8 Others

Case brief

What is this about?

What the court decided

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