Court No. - 34
Case :- WRIT - C No. - 24633 of 2020 Petitioner :- C/M. Dr. Kashi Prasad Jaiswal Junior High School And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anil Kumar,Rahul Sripat(Senior Adv.),Wasim Alam Counsel for Respondent :- C.S.C.,Ram Lal Mishra
Hon'ble Yashwant Varma,J.
Heard Sri Rahul Sripat learned Senior Counsel in support of the petition, learned Standing Counsel for the State-respondents and Sri Shiv Sagar Singh who appears on instructions for the fourth respondent.
This petition assails an order passed by the Basic Education Officer recognising the Deputy Manager of the Committee of Management to be permitted to operate the accounts of the institution concerned.
Sri Shiv Sagar Singh learned counsel has drawn the attention of the Court to an order of 05 October 2019 passed by the Basic Education Officer in terms of which he has refused to accord recognition to the elections set up by the petitioners here.
Sri Sripat learned Senior Counsel places reliance upon an interim order passed in Writ-C No. 27555 of 2019 and submits that once the elections set up by the fourth respondent which formed subject matter of challenge in that petition and the recognition accorded thereto had been stayed, there was no occasion for the impugned order being passed.
The Court however notes that it is the admitted position that the order of 05 October 2019 has never been challenged by the petitioners. While the recognition accorded to the elections set up by the fourth respondent may have been stayed by the Court in terms of the interim order passed on the writ petition aforementioned, there is presently no material on record which may establish or evidence the petitioners having been recognised as the duly constituted Committee of Management. Their case in the considered view of the Court cannot therefore proceed further unless the order of 5 October 2019 is independently assailed. Sri Sripat in view of the aforesaid view as expressed by the Court prayed for liberty to assail the said order.
In that view of the matter, while this writ petition shall stand dismissed, the Court only clarifies that this order shall not preclude the petitioners, if so chosen and advised, to challenge the order of 05 October 2019.
Order Date :- 5.1.2021 faraz