Court No. - 32
Case :- WRIT - C No. - 30105 of 2021 Petitioner :- C/M Azad Memorial Inter College And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohd. Aslam Khan,Mohd. Mateen Khan Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Mohd. Mateen Khan, learned counsel for the petitioners, learned Standing Counsel for the State-respondents.
The writ petition has been filed by the petitioners with the following prayer:-
"I. Issue a writ, order or direction in the nature of mandamus commanding and directing to the respondent no.3 District Inspector of School to attest the signature of the petitioner no.4 as a Manager of the Azad Memorial Inter College, Dasna, Ghaziabad.
II. Issue a writ, order or direction in the nature of mandamus commanding and directing to the respondent to decide the representation dated 05.10.2021 in accordance with law."
Mr. Rajesh Yadav, learned counsel appearing for respondent nos. 5 and 6 in Writ-C No.20626 of 2021, points out that the election dispute was referred by the order of Hon'ble Court dated 2.9.2021 to the Joint Director of Education, Meerut Region, Meerut, directing him to decide the objections filed by the petitioners.
During pendency of the same, it appears that behind back, the petitioners have conducted some elections and have filed the present writ petition with a prayer to direct the District Inspector of Schools to attest the signature of petitioner no.4 as Manager of the Azad Memorial Inter College, Dasna, Ghaziabad.
Learned Standing Counsel submits that once the elections of the society were challenged by means of earlier writ petition being 20626 of 2021 and the legality or otherwise of the same is pending before the Joint Director of Education, Meerut Region, Meerut, no elections could be held. Therefore, prayer made in the present writ petition is totally misconceived and is liable to be dismissed.
In view of the aforesaid, this Court finds no good ground to entertain the present writ petition. It is, accordingly, dismissed.
Order Date :- 17.12.2021/Rahul.