Court No. - 54
Case :- WRIT - C No. - 39001 of 2019 Petitioner :- Suresh Kumar Sharma Respondent :- State Of U.P. And 04 Others Counsel for Petitioner :- Suyash Pandey,Nand Lal Pandey Counsel for Respondent :- C.S.C.
Hon'ble Rajiv Joshi,J.
Heard Sri Nand Lal Pandey, learned counsel for petitioner and learned Standing Counsel on behalf of the respondent nos. 1 to 4.
The present writ petition under Article 226 of the Constitution has been filed seeking a writ in the nature of certiorari quashing the impugned order dated 20.05.2019 passed by District Inspector of Schools, Meerut (Annexure no. 6 to the writ petition), whereby the election of Committee of Management as held by respondent no. 5 was recognised and further a direction in the nature of mandamus commanding the respondent no. 3- Joint Director of Education, 1st Region, Meerut to consider and decide the petitioner's application dated 10.06.2019 (Annexure no. 6 to the writ petition) for declaring the election of the Committee of Management of the College, namely, B.A.V. Inter College, Subhash Bazar, Meerut held on 12.05.2019, to be illegal within stipulated period of time.
Contention of learned counsel for petitioner submits that petitioner is a member of the General Body of the B.A.V. Inter College, Subhash Bazar, Meerut and the election of the Committee of Management of the Institution was held on 12.05.2019 by the respondent no. 5, which has been recognised by the District Inspector of Schools, Meerut by the impugned order dated 20th May, 2019.
It is further contended by learned counsel for petitioner that against the order dated 20.05.2019 of the District Inspector of School recognising the election of respondent no. 5, the petitioner has filed a representation dated 10.06.2019, copy of which has been appended as Annexure no. 7 to the writ petition but till date no order has been passed thereon by the Joint Director of Education 1st Region, Meerut. It is further contended by the learned counsel for the petitioner that since there is a dispute between the Committees of Management, the matter should have been referred to the Regional Level Committee, but the D.I.O.S. instead of referring the dispute to Regional Level Committee has recognized the Committee of Management of respondent no. 5.
In view of the above, a direction is issued to respondent no.3- the Joint Director of Education, 1st Region, Meerut, to consider and decide the petitioner's application dated 10.06.2019 (Annexure no. 6 to the writ petition) questioning the election held on 12.05.2019, in accordance with law, as expeditiously as possible, preferably within a period of three months from the date of production of a certified copy of this order.
With the above direction, the writ petition stands finally disposed of. No order as to costs.
Order Date :- 28.11.2019 Shivangi