Surendra Singh and 2 Others v. State of U.P. and 3 Others

Court No. - 10 Case :- WRIT - C No. - 37959 of 2023 Petitioner :- Surendra Singh And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rahul Jain Counsel for Respondent :- C.S.C. Hon'ble Kshitij Shailendra,J.

¶1Heard Shri Rahul Jain, learned counsel for the petitioners, learned Standing Counsel for the State-respondents and perused the record.

¶2In view of order proposed to be passed, taking care of the rights of respondent No. 4, the writ petition is disposed of finally.

¶3It is contended by Shri Rahul Jain, learned counsel for the petitioners that circumstances enumerated in Clause-8 of the approved Scheme of Administration have come into existence on account of non-holding of elections since long and, therefore, the petitioners being life members of the General Body have approached the respondent No.2, Joint Director of Education, Moradabad Region Moradabad by means of application dated

14.07.2023 followed by other applications and representations.

¶4The present writ petition has been filed seeking the following reliefs: "(i) to issue a writ of mandamus, order or direction in the nature of mandamus commanding the Joint Director of Education, Moradabad Region Moradabad to pass orders in the matter for appointing Authorized Controller in Gandhi Inter College, Mankua, Bijnor and for conducting fresh elections of the committee of management of Gandhi Inter College, Mankua, Bijnor on the valid list of general body.

(ii) to issue a writ of mandamus, order or direction in the nature of mandamus commanding the respondent authorities to restrain the committee of management of Gandhi Inter College, Mankua, Bijnor headed with Sri Hari Singh as Manager from functioning

(iii) to issue a writ of mandamus, order or direction in the nature of mandamus directing the Joint Director of Education, Moradabad Region Moradabad to decide the pending representation of the petitioners, expeditiously."

¶5Learned Standing Counsel submits that the Joint Director of Education has proceeded with the matter and has already called upon the concerned parties including respondent No. 4 and expeditious decision shall be taken in accordance with law in the matter.

¶6Considering the facts and circumstances of the case, the writ petition is disposed of directing the respondent No.2, Joint Director of Education, Moradabad Region Moradabad to conclude the proceedings pending before him pursuant to the petitioners' representations/complaints/applications, after providing full opportunity of hearing to respondent No. 4 on or before

31.01.2024. Order Date :- 3.11.2023 Sazia High Court of Judicature at Allahabad