Court No. - 19
Case :- WRIT - C No. - 20289 of 2018 Petitioner :- C/M Intermediate College Jaura Bazar And Another Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Ramesh Chandra Dwivedi Counsel for Respondent :- C.S.C.,Durga Tiwari
Hon'ble Manoj Kumar Gupta,J.
The instant writ petition has been filed challenging the order dated 25.5.2018 passed by the Joint Director of Education, VII Region, Gorakhpur whereby, he has annulled the election dated 11.6.2017 and has issued a further direction to District Inspector of Schools to hold fresh elections, within one month from valid members.
The election in question dated 11.6.2017 was in regard to constitution of the Committee of Management of Intermediate College, Jaura Bazar, Kushinagar, a recognised Institution under the U.P. Intermediate Education Act, 1921. The said Institution is being run in accordance with an approved Scheme of Administration. In the election dated 11.6.2017, the petitioner Committee of Management with Bhola Prasad Tripathi, petitioner No. 2, was elected.
Learned counsel for the petitioners submitted that the impugned order is wholly illegal and without jurisdiction inasmuch as, the Joint Director of Education has passed the impugned order without their being any recommendation to annul the election by the Regional Level Committee as per provisions of the Government Order dated 19.12.2000.
Smt. Durga Tiwari, learned counsel appearing on behalf of contesting private respondents concedes that there is no recommendation of Regional Level Committee to annul the election. She, therefore, very fairly states that the matter be remitted to the Regional Level Committee for taking appropriate decision. She further submits that since the election set-up by the petitioners is wholly illegal, therefore, a direction be issued to the Regional Level Committee to decide the dispute within a specified time, to which Sri G.K. Singh, learned senior counsel appearing on behalf of the petitioners does not have any objection.
Counsel for the parties state that the parties would appear before the Joint Director of Education along with certified copy of this order on 6.6.2018, whereafter, he may fix a date within two weeks before the Regional Level Committee, looking to the convenience of the parties.
Accordingly, the impugned order dated 25.5.2018 is quashed. The matter is remitted for consideration by the Regional Level Committee, the second respondent. It is directed to decide the dispute,in accordance with law, within six weeks, after hearing the parties.
The writ petition stands disposed of accordingly.
(Manoj Kumar Gupta, J.) Order Date :- 30.5.2018 AM/-