Allowed

C/M Shri Dayanand Inter College and Another v. State of U.P. and 5 Others

Allahabad HC22 Jul 2024WRIC/22991/2024

Case brief

AI extract

What is this about?

Petitioner challenged an order directing them to appear for an enquiry into a complaint. Court quashed the order received by Deputy Secretary for being without jurisdiction regarding election disputes. Directed Joint Director to decide the complaint within three months addressing both jurisdiction and locus standi.

What did the court decide?

Impugned order quashed; writ petition allowed; Joint Director directed to decide on preference and maintainability of complaint within three months.

C/M Shri Dayanand Inter College and Another vs… — Service and Employment | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:143603

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Court No. - 34

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Case :- WRIT - C No. - 22991 of 2024

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Petitioner :- C/M Shri Dayanand Inter College And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Aalok Singh,Bheem Singh,Sr. Advocate

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Counsel for Respondent :- Prabhakar Awasthi,C.S.C.

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Hon'ble Manish Kumar,J.

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Heard.

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The present writ petition has been preferred for quashing of the impugned order dated 24.06.2024 passed by the respondent no. 1 i.e. Deputy Secretary, Secondary Education, Govt. of U.P., Lucknow addressed to the Director of Education and Joint Director of Education and copy to the present petitioner to appear on 03.07.2024 to enquire into the complaint of respondent no. 6.

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Learned counsel for the petitioner has submitted that the respondent no. 1 is not competent to entertain the complaint made by the respondent no. 6, hence the order is without jurisdiction and under the Act, the Joint Director is competent to entertain any such complaint.

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It is further submitted that the respondent no. 6 has no locus to make any complaint against the petitioner as the respondent no. 6 is not even the member of the General Body of the Institution. He is a rank trespasser.

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On the other hand, Sri Prabhakar Awasthi, learned counsel for the respondent no. 6 has submitted that he is a member of general body of the Society and Secretary of the Committee of Management of the Society and the same has been registered/approved by the Deputy Registrar under Section 4 of the Societies Registration Act, 1860. He very fairly submitted that under the statute, the Joint Director is competent to entertain the complaint instead of respondent no. 1.

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Learned counsel for both the parties after arguing at some length have submitted that the direction may be issued to the Joint Director to take decision on the complaint of respondent no. 6 dated 24.06.2023 within a stipulated time as this Court may fix.

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Learned counsel for the petitioner has further submitted that

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the issue of membership/maintainability of complaint on behalf of respondent no. 6 may also be considered by the Joint Director.

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On the request of learned counsel for the parties and without entering into the merits of the case, the Joint Director of Education, First Region, Meerut/respondent no. 4 is directed to take a decision on the complaint of the respondent no. 6, in accordance with law, after hearing both the parties including entertaining the submissions of learned counsel for the petitioner regarding the maintainability of the complaint on behalf of respondent no. 6 within a period of three months from the date of production/receipt of certified copy of this order.

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The respondent no. 1 is not empowered to entertain the complaint regarding dispute relating to election/Office bearer/renewal of the Society under the Act, 1860 hence the impugned order dated 24.06.2024 passed by the respondent no. 1 i.e. Deputy Secretary, Secondary Education, Govt. of U.P., Lucknow is without jurisdiction and accordingly the same is quashed.

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In the result, the writ petition is allowed.

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Order Date :- 4.9.2024 Nitesh

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

C/M Shri Dayanand Inter College and Another v. State of U.P. and 5 Others

Case brief

What is this about?

What did the court decide?

C/M Shri Dayanand Inter College and Another v. State of U.P. and 5 Others

Case brief

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