C/M, Kisan Inter College, Lakhimpur Kheri Thru. Manager, Dinesh Kumar Vs State of U.P. Thru. Addl. Prin. Secy., Secondary Education, Lko and Another — Allahabad HC (2025) — LawSathi Research

C/M, Kisan Inter College, Lakhimpur Kheri Thru. Manager, Dinesh Kumar Vs State of U.P. Thru. Addl. Prin. Secy., Secondary Education, Lko and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No mandamus issued; petitioner directed to move an appropriate application with the requisite details including the proposed date of election, which the District Inspector of Schools, Lakhimpur Kheri will proceed to consider appropriately.

Issue for consideration

Whether a writ of mandamus should be issued commanding opposite party No.2 to appoint an Observer to hold the election of the Committee of Management of Kisan Inter College, Neem Gaon, Lakhimpur Kheri.

Court's answer

Taking note of the State's written instructions, the Court does not deem it appropriate at this stage to issue any direction; instead the petition is disposed of with a direction to the petitioner to move an appropriate application as indicated by the District Inspector of Schools, Lakhimpur Kheri in its letter dated 07.05.2025.

Ratio / Principle

Once such an application is moved, the District Inspector of Schools shall proceed and consider it appropriately.

Detailed headnote1 paragraphs

Committee of Management of Kisan Inter College, Neem Gaon, Lakhimpur Kheri (through its Manager) filed a writ petition (WRIT - C No. 4326 of 2025) seeking a mandamus commanding opposite party No.2 to appoint an Observer to hold the election of the Committee of Management. The State produced written instructions of the District Inspector of Schools (DIOS), Lakhimpur Kheri dated 07.05.2025, recording that the petitioner's initial request of 29.03.2025 neither came through the appropriate authorities nor mentioned a proposed election date; this was communicated on 31.03.2025, and the petitioner's reply of 24.04.2025 still lacked the proposed date. The DIOS undertook that a proper application containing the necessary requisites, including the proposed date of election, would be considered appropriately with expedition. Taking note of this stand, Jaspreet Singh, J. declined to issue any direction and disposed of the petition, directing the petitioner to move an appropriate application as indicated in the DIOS letter dated 07.05.2025, which the DIOS shall consider appropriately. Order dated 8.5.2025; Neutral Citation No. 2025:AHC-LKO:26894.

Neutral Citation No. - 2025:AHC-LKO:26894

Court No. - 8

Case :- WRIT - C No. - 4326 of 2025

Petitioner :- C/M, Kisan Inter College, Lakhimpur Kheri Thru. Manager, Dinesh Kumar Respondent :- State Of U.P. Thru. Addl. Prin. Secy., Secondary Education, Lko And Another Counsel for Petitioner :- Jitendra Kumar Pandey Counsel for Respondent :- C.S.C.

Hon'ble Jaspreet Singh,J.

Heard learned counsel for the petitioner and Shri Rahul Shukla, learned Additional Chief Standing Counsel, who has accepted notice on behalf of the respondents No.1 and 2.

By means of the instant petition, the petitioner seeks the following relief, which read as under:-

"a. Issue a writ, order or direction in the nature of Mandamus commanding the opposite party No.2 to appoint the Observer to hold the Election of Committee of Management Kisan Inter College, Neem Gaon, Lakhimpur Kheri, as earliest possible, in the interest of justice.

b. Any other other, or direction, which this Court deem fit and proper under the circumstances of the case in favour of petitioner be passed in the interest of justice."

The submission of the learned counsel for the petitioner is that the petitioner has requested for appointment of an observer so that the election of the Society of Committee of Management of the petitioner-Inter College can be held, however, the respondents have not appointed any observer nor communicated any decision to the petitioner. Accordingly, despite the demand having been raised, the same has not been addressed.

Shri Rahul Shukla, learned Additional Chief Standing Counsel for the State has provided a copy of the written instructions, under the signatures of District Inspector of Schools, Lakhimpur Kheri dated 07.05.2025 for perusal of the Court, the same is taken on record and it is submitted that the petitioner had initially made a request vide letter dated 29.03.2025, however, neither the said letter was sent by the appropriate authorities nor any proposed date of the election was mentioned. This was communicated by the respondent No.2 to the petitioner vide letter dated 31.03.2025, however, even

though the petitioner had responded to the said letter dated 24.04.2025, a copy of which has been brought on record at the running page 102 of the paper-book, but the fact remains that there was no details regarding the proposed date of election.

As per the written instructions, it has been stated that in case if the petitioner moves an appropriate application detailing the necessary requisite including the proposed date of election, the same would be considered appropriately with expedition.

Once the State has taken the aforesaid stand and taking note of the written instructions, at this stage, this Court does not deem it appropriate to issue any direction rather the petition is disposed of with direction to the petitioner to move an appropriate application as indicated by the District Inspector of Schools, Lakhimpur Kheri in its letter dated 07.05.2025, which needless to say, he shall proceed and consider it appropriately.

With the aforesaid, the petition is disposed of .

Order Date :- 8.5.2025 Rakesh/-

Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench