C/M Sri Jawahar Inter College ... vs State Of U.P. & 5 Others
2014 Latest Caselaw 9146 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 59
 

 
Case :- WRIT - C No. - 62624 of 2014
 

 
Petitioner :- C/M Sri Jawahar Inter College Thru' Manager & Another
 
Respondent :- State Of U.P. & 5 Others
 
Counsel for Petitioner :- Yogendra Nath Rai,D.K. Singh,V.K. Singh
 
Counsel for Respondent :- C.S.C.,J.J. Munir,Syed Faiz Hussain
 

 
Hon'ble Rajan Roy,J.

Heard Sri G.K. Singh, learned Senior Advocate assisted by Sri V. K. Singh, learned counsel for petitioner and Sri J.J. Munir, learned counsel along with Sri Syed Faiz Husnain for the Caveator-respondents 5 and 6.

The contention of Sri G.K. Singh is that as per law, the hearing before the regional level committee should have been held in the presence of all the three members constituting the said committee, instead, the said hearing took place only before one of the member i.e. Joint Director of Education, whereas the final decision bears the signatures of all the members, which is impermissible in law.

In this regard he has placed reliance on the judgment dated 22.2.2012 given in Writ- C No. 3055 of 2012.

Sri Munir on the other hand submits that the hearing took place in presence of all the members of the committee and assertion of the petitioner is incorrect.

Learned Standing Counsel shall produce the relevant record/proceedings of the case wherein hearing is said to have been given to the parties by the regional level committee in pursuance to the direction of this court dated 30th May, 2014, issued in Writ-C No. 60245 of 2012.

Put up on 3rd December, 2014, as fresh.

The record shall be positively provided by the respondent no. 3 to the learned Standing Counsel for production before the Court on the said date.

Order Date :- 25.11.2014

M.A.A.