Gautam Kumar vs State of U.P. and 8 Others — Allahabad HC (2025) — LawSathi Research

Gautam Kumar vs State of U.P. and 8 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner permitted to file a fresh representation before respondent no.8 (District Inspector of Schools-II, District Saharanpur) within 15 days, along with the writ petition and certified copy of the order; respondent no.8 directed to decide the representation in accordance with law, expeditiously, preferably within eight weeks of receipt. No merits adjudicated; mandamus reliefs as pleaded not granted or refused.

Issue for consideration

Whether a writ of mandamus should issue commanding the District Inspector of Schools-II, District Saharanpur (Respondent No. 8) to take necessary steps in pursuance of the report dated 02.04.2025 of the Additional District Magistrate (Finance and Revenue), Saharanpur, by making appointment of an Authorized Controller to conduct the election of the Committee of Management of S.D. Girls Inter College, Railway Colony, District Saharanpur. +1 more

Ratio / Principle

Without entering into the merits of the case, the Court allowed the innocuous prayer made by learned counsel for the petitioner, there being no objection from the learned standing counsel for the State respondents.

Key takeaways

The petitioner was directed to file a fresh representation, along with the present writ petition and a certified copy of the order, before respondent no.8, District Inspector of Schools-II, District Saharanpur, within 15 days.ratio¶17
Upon receipt of the fresh representation, respondent no.8 (District Inspector of Schools-II, District Saharanpur) was directed to decide it in accordance with law, expeditiously, preferably within a period of eight weeks from the date of receipt.ratio¶17

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Chandra Dhari Singh, J.), WRIT - C No. 29968 of 2025, decided September 9, 2025 — Gautam Kumar v. State of U.P. and 8 others. The petitioner sought (i) a mandamus commanding the District Inspector of Schools-II, District Saharanpur (Respondent No. 8) to take steps in pursuance of the report dated 02.04.2025 of the Additional District Magistrate (Finance and Revenue), Saharanpur, by appointing an Authorized Controller to conduct the election of the Committee of Management of S.D. Girls Inter College, Railway Colony, District Saharanpur, and (ii) a mandamus commanding the said officer to consider and decide his representation dated 17.07.2025 (Annexure No. 15) within a specific period. Without entering into the merits, and as the learned standing counsel for the State raised no objection, the Court allowed the innocuous prayer: the petitioner was directed to file a fresh representation, with the writ petition and certified copy of the order, before respondent no.8 within 15 days; respondent no.8 was directed to decide it in accordance with law, expeditiously, preferably within eight weeks of receipt. The writ petition was disposed of accordingly.

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - C No. - 29968 of 2025

Gautam Kumar

.....Petitioner(s)

	Versus
State Of U.P. And 8 Others	.....Respondent(s)
Counsel for Petitioner(s)	: Anurag Shukla, Kamal Pati Shukla
Counsel for Respondent(s)	: C.S.C.

Court No. - 32

HON'BLE CHANDRA DHARI SINGH, J.

1. The instant writ petition has been filed seeking for the following relief:-

" I. Issue a writ, order or direction in the nature of mandamus commanding the District Inspector of Schools-II, District Saharanpur (Respondent No. 8) to take necessary steps in pursuance of the report dated 02.04.2025 sent by the Additional District Magistrate (Finance and Revenue), Saharanpur (Respondent No. 4) by making appointment of an Authorized Controller to conduct the election of the Committee of Management S. D. Girls Inter College, Railway Colony, District Saharanpur, within a specific period as may be directed by this Hon'ble Court.

II. Issue a writ, order or direction in the nature of mandamus commanding the District Inspector of Schools-II, District Saharanpur (Respondent No. 8) to consider and decide the representation dated 17.07.2025 (Annexure No. 15 to the writ petition), within a specific period as may be directed by this Hon'ble Court. "

Learned counsel appearing on behalf of petitioner without entering into the merits of the case made innocuous prayer that he may be permitted to file fresh representation before respondent no.8 and a direction may be issued to him to decide the same in time bound manner.

Sri D. P. Singh, learned standing counsel appearing on behalf of Staterespondents vehemently opposed the petition on merit, but has not opposed the prayer as made by learned counsel appearing on behalf of the petitioner.

Heard learned counsel appearing on behalf of the petitioner and Sri D. P. Singh, learned Standing Counsel and perused the contents made in the writ petition.

Without entering into merits of the case, I am inclined to allow the

WRIC No. 29968 of 2025

2

innocuous prayer made by learned counsel for the petitioner as no objection made by learned standing counsel. Petitioner is directed to file a fresh representation along with the present writ petition and certified copy of this order before respondent no.8 District Inspector of Schools-II, District Saharanpur within 15 days. After receiving the said representation, the respondent no.8 is directed to decide the said representation in accordance with law, expeditiously, preferably within a period of eight weeks from the date of receipt of the said representation.

With the aforesaid directions/observations, the present writ petition is disposed of.

September 9, 2025

AKT

(Chandra Dhari Singh,J.)

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