Court No. - 10
Case :- WRIT - C No. - 3110 of 2019 Petitioner :- Karan Singh And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Harishchandra Dubey Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri Harish Chandra Dubey, learned counsel for the petitioners and learned Standing Counsel for the State respondents.
Notice need not be issued to the private respondents no.4 in view of the order proposed to be passed.
The petitioners are before this Court with request to issue direction to the second respondent, Joint Director of Education, Moradabad Region, Moradabad to appoint the Authorized Controller in Aadarsh Public Ucchatar Madhyamik Vidyalaya, Sabdalpur Bijnor and hold the election of the Committee of Management in accordance with the provisions of approved Scheme of Administration within stipulated time.
Learned counsel for the petitioners states that the petitioners are life members of the Committee of Management of the institution in question. The last undisputed election of the Committee of Management of the institution was held on 12.10.2005. Thereafter the alleged election of Committee of Management was held in the year 2011 but the same was not approved and the fourth respondent is continuing as Manager of the institution without any authority. He further apprises to the Court that even the District Inspector of Schools, Bijnor vide letter dated 3.1.2018 had made recommendation to the Joint Director of Education for appointment of authorized controller. Once the second respondent did not take any action in the matter then the petitioners moved a representation on 3.1.2019, which is still pending. He has confined his prayer only to the relief that the representation dated 3.1.2019 may be considered by the appropriate authority.
Learned counsel for the respondents has no objection to the said prayer.
No useful purpose would be served in keeping the writ petition pending.
In view of above, without expressing any opinion on the merits of the issue and considering the facts and circumstances of the case, this writ petition is disposed of finally with a direction to the second respondent to look into the grievance of the petitioners and redress the same strictly in accordance with law after affording opportunity of hearing to the Committee of Management of the institution through its alleged Manager Kushalpal Singh within a period of three months from the date of production of a certified copy of this order before him.
Order Date :- 29.1.2019 RKP