C/M Patel Smarak Inter College And ... vs State Of U.P. And 7 Others
2021 Latest Caselaw 9323 ALL

Citation : 2021 Latest Caselaw 9323 ALL
Judgement Date : 2 August, 2021

Allahabad High Court

C/M Patel Smarak Inter College And ... vs State Of U.P. And 7 Others on 2 August, 2021

Bench: Saurabh Shyam Shamshery




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 19
 

 
Case :- WRIT - C No. - 56541 of 2017
 

 
Petitioner :- C/M Patel Smarak Inter College And Another
 
Respondent :- State Of U.P. And 7 Others
 
Counsel for Petitioner :- Balwant Singh,Mr. P.N. Saksena
 
Counsel for Respondent :- C.S.C.,Anil Tiwari,Bachchu Lal Yadav,Sanjiv Singh,Shailendra Singh
 

 
Hon'ble Saurabh Shyam Shamshery,J.

By means of this writ petition petitioner is claiming following reliefs:

"i) To issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 14.11.2017 passed by the Regional Level Committee 7th Region Gorakhpur, (respondent no.2) (Annexure No.19 to the writ petition).

ii) To issue a writ, order or direction in the nature of mandamus commanding and directing the respondents not to interfere in the peaceful functioning of the petitioner Committee.

iii) Issue any other writ, order or direction in suitable nature which this Hon'ble Court may deem fit and proper under the circumstances of the case."

Admittedly, there is no dispute between the parties that this writ petition has become infructuous because the tenure of the present Management of the Society has already expired and the Manager of the School has approached the District Inspector of Schools for conducting fresh elections in accordance with the scheme of administration.

Bachchu Lal Yadav, appearing on behalf of respondent no.8 has submitted that while conducting fresh elections, District Inspector of Schools may also take into consideration the Full Bench judgment passed by this Court in Writ-C No.7241 of 2011, Vaibhav Jain Vs. State of U.P. & Ors, decided on 2.2.2015.

The prayers of the writ petition are rejected being infructuous.

The writ petition is disposed off with the direction that the District Inspector of Schools, Gorakhpur will consider the application for fresh election in accordance with law expeditiously.

Order Date:-2.8.2021