Bihari Ashram Balika Uchttar Madhyamic Vidyalaya Hapur (Ghaziabad) and Another v. State of U.P. and 3 Others

Court No. - 10 Case :- WRIT - C No. - 30727 of 2023 Petitioner :- Bihari Ashram Balika Uchttar Madhyamic Vidyalaya Hapur (Ghaziabad) And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shiv Shankar Pd Gupta,Girijesh Kumar Gupta Counsel for Respondent :- CSC Hon'ble Kshitij Shailendra,J.

¶1Supplementary affidavit filed today is taken on record.

¶2Heard Shri G.K. Gupta, learned counsel for the petitioners and Shri I.P. Srivastava, learned Additional Chief Standing Counsel for the State-respondents.

¶3This writ petition has been filed claiming a relief of mandamus commanding the respondent no.4-Joint Director of Education Ist, Meerut to take expeditious decision on the petitioners' appeal filed on 27.07.2023.

¶4On earlier occasion, this Court asked learned counsel for the petitioners as to under which provision of law, the aforesaid appeal has been preferred.

¶5Learned counsel for the petitioners by referring to Clause 19 of the amended Scheme of Administration read with paragraph 2 of the Government Order dated 19.12.2000 has argued that the Regional Level Committee is competent to take a decision on such appeal under the circumstances which have arisen in the present case.

¶6Learned Additional Chief Standing Counsel submits that expeditious decision shall be taken by the Regional Level Committee and the Joint Director of Education is simply the head outside the Committee.

¶7I have perused the memo of appeal which is addressed to the Joint Director of Education (Madhyamik)/Chairman of the Regional Level Committee, Ist, Region Meerut.

¶8The writ petition is disposed off directing the Regional Level Committee headed by Joint Director of Education to decide the appeal/reference dated 27.07.2023 on or before 31.01.2024, after providing full opportunity of hearing to the parties concerned provided a certified copy of this order is filed before the Joint Director of Education before 25.11.2023. Order Date :- 6.11.2023 Jyotsana High Court of Judicature at Allahabad