Court No. - 18
Case :- WRIT - C No. - 23375 of 2021 Petitioner :- C/M Pt. Jawahar Lal Nehru Akhand Intermediate College And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Gautam Baghel,Rajesh Kumar Shukla Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
Heard Sri Gautam Baghel, learned counsel for the petitioner-institution and learned Standing Counsel for the respondents-State.
The petitioner-institution has made an application asserting that the respondent No.4 is misrepresenting her identity and is posing as Sushila Singh, who was elected as the President of the Society in the year 2018.
The only prayer made by the learned counsel for the petitioner-institution is that the representation of the petitioner may be decided within a stipulated period of time.
Learned Standing Counsel submits that the District Inspector of Schools has to make a finding of fact after hearing all necessary parties in the facts of this case.
Heard learned counsel for the parties.
The provision of Section 21(1) of the scheme of administration as referenced to this Court also contemplates an adjudication of such dispute by the District Inspector of Schools.
In wake of the preceding discussion, no useful purpose will be served by exchanging the pleadings and keeping this writ petition pending before this Court.
Without going into the merits of the case, the matter is remitted to the respondent No.3-District Inspector of Schools, Banda.
A writ in the nature of mandamus is issued commanding the respondent No.3-District Inspector of Schools, Banda to decide the representation of the petitioner-institution within a period of three months from the date of production of a computer generated copy of this order, downloaded from the official website of the High Court Allahabad, after giving an opportunity of hearing to all necessary parties including the respondents No.4 and 5.
The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
This order is being passed when the threat of Covid-19 pandemic still exists. In case the court proceedings are held up due to Covid-19 outbreak, the lost working days shall be adjusted and the stipulated period of three months shall accordingly be enhanced.
With the aforesaid observations, the writ petition is disposed of finally.
Order Date :- 27.9.2021 Ashish Tripathi