Committee Of Management Kisan ... vs State Of U.P. And 4 Others
2021 Latest Caselaw 9040 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 29
 

 
Case :- SPECIAL APPEAL DEFECTIVE No. - 248 of 2021
 

 
Appellant :- Committee Of Management Kisan Inter College Janhagirpur And Another
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Appellant :- Ram Sajiwan Mishra
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Munishwar Nath Bhandari,Acting Chief Justice
 
Hon'ble Subhash Chandra Sharma,J.

Defects raised by the Registry is condoned. Office is directed to allot a regular number.

Heard learned counsel for the appellant and learned Standing Counsel on behalf of the respondent.

By this appeal, a challenge is made to the judgment dated 05.01.2021 by which the writ petition preferred by the petitioner to challenge the order dated 19.10.2020 passed by Joint Director of Education was dismissed. By the order aforesaid, a direction was given to hold the election of the Committee of Management. The learned Single Judge found that earlier Committee of Management was constituted on 03.10.2015 and its term was to expire on 02.10.2018. The elections of the new Committee of Management was to be conducted accordingly.

Learned counsel for the appellant submits that an order was passed on 27.10.2020 by the District Inspector of Schools, Moradabad to apply model scheme of administration according to which the term of Committee of Management was made for 5 years. The aforesaid aspect has been ignored by the learned Single Judge.

We have considered the submission aforesaid and find that even if the case is considered as per the model scheme of administration, term of the Committee of Management could not have been beyond the period of 5 years. The period of 5 years expired on 02.10.2020, whereas a direction for holding the election was given on 19.10.2020. It is admitted that election pursuant to it has already taken place.

In view of the above, even if the argument of learned counsel for the appellant is considered in reference to model scheme of administration, the order dated 19.10.2020 cannot be annuled. It is also a fact that elections of the Committee of Management has already taken place and has not been challenged, as stated by the learned counsel for the appellant, thus nothing would survive now in this case.

Accordingly, the appeal is dismissed.

Order Date :- 29.7.2021

Ashok Gupta

(Subhash Chandra Sharma, J.) (Munishwar Nath Bhandari, ACJ.)