Court No. - 19
Case :- WRIT - C No. - 20348 of 2018 Petitioner :- C/M Bhawani Shanker Inter College And An Other Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Abhishek Mishra,Rahul Mishra Counsel for Respondent :- C.S.C.
Hon'ble Manoj Kumar Gupta,J.
By means of instant writ petition, the petitioners are seeking a mandamus commanding the respondents to grant recognition to election of Committee of Management of Bhawani Shanker Inter College, Sadar Sarai, NOIDA, held on 7.1.2018, in which the petitioner Committee of Management was elected. The Institution is a recognised Institution under the U.P. Intermediate Education Act, 1921, and is governed by a Scheme of Administration. The specific case of the petitioners is that the election dated 7.1.2018 was held strictly in accordance with the approved Scheme of Administration. The Election Officer had communicated the election proceedings to District Inspector of Schools on 8.1.2018. Since then, several reminders have also been sent to the District Inspector of Schools, but he has not taken any decision in the matter.
Learned standing counsel states that the District Inspector of Schools shall examine the claim of the petitioners and would take appropriate decision, within such time as may be directed by this Court.
Accordingly, the instant writ petition is disposed of with direction to the respondent No. 3 to pass a speaking order on the claim set-up by the petitioners with regard to election dated 7.1.2018, within a period of six weeks from the date of production of a certified copy of this order along with a fresh representation. It is needless to state that in case, there is any rival claimant, due notice and opportunity of hearing shall be given to such claimant before taking any decision in the matter.
(Manoj Kumar Gupta, J.) Order Date :- 30.5.2018 AM/-