HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 38 Case :- WRIT - C No. - 58929 of 2011 Petitioner :- C/M Shri Laxmi Narayan Intermediate College Respondent :- State Of U.P. Thru Secy. And Others Petitioner Counsel :- Dr. H.N. Tripathi Respondent Counsel :- C.S.C. Hon'ble V.K. Shukla,J.
Learned standing counsel has accepted notice on behalf of respondent Nos.1 to 4. Issue notice to respondent No.5 returnable within six weeks.
It has been contended on behalf of the petitioners that they are outgoing Committee of Management and are in effective control of the affairs of the institution. Petitioners submit that fresh elections of the Committee of Management have been held by them on 28.11.2010 and the papers have been transmitted to the District Inspector of Schools, but the District Inspector of Schools instead of taking decision himself on the papers so submitted, has referred the matter to the Regional Level Committee. Petitioners submit that in the past also reference had been made and at the said point of time writ petition No.8877 of 2008 had been filed before this Court, and this Court on 15.02.2008 had proceeded to stay the operation of the reference order. Petitioners submit that this time also in mechanical manner matter has been referred to the Regional Level Committee, without indicating therein as to what was difficulty before him to take decision in the matter. Under the amended Government Order dated 19.12.2000, it is the District Inspector of Schools, who is competent to take decision with regard to approval of elections, and only in the event he feels some difficulty, he can refer the matter to the Regional Level Committee indicating his disability in taking decision in the matter. In the present case, the District Inspector of Schools has narrated the entire history of the case, including earlier reference and the interim order passed by this Court, but has miserably failed to disclose the difficulty being felt by him in taking decision in the matter.
Prima facie, the argument advanced appears to have some substance and requires consideration by this Court, as such till the next date of listing pursuant to reference made by the District Inspector of Schools, no hearing shall take place before the Regional Level Committee.
Order Date :- 13.10.2011 SRY