Court No. - 39 Case :- WRIT - C No. - 38907 of 2010 Petitioner :- Guru Datt Sharma & Another Respondent :- State Of U.P. Thru' Principal Secretary Sec. Education & Ors Petitioner Counsel :- H.N. Singh Respondent Counsel :- C.S.C. Hon'ble Dilip Gupta,J.
The petitioners have sought the quashing of the order dated 25th
May, 2010 passed by the District Inspector of Schools
Bulandshahr by which he has approved the elections of the
Committee of Management of the Institution held on 20th May,
2010 with Suman Sharma as the Manager.
Learned counsel appearing for the petitioners has raised a
number of submissions for setting aside the aforesaid order.
Learned Standing Counsel appears for respondent Nos. 1 to 3. In
view of the order that I propose to pass it is not necessary to issue
notice to respondent No.4. Learned Standing Counsel has,
however, submitted that the petitioners can approach the Regional
Level Committee constituted by the Government Order dated 20th
December, 2000 for redressal of the grievances raised in the
present petition.
The Regional Level Committee has been constituted under the
Government Order dated 20th December, 2000 as subsequently
modified by the order of 2008 in which the District Inspector of
Schools has been given the power to approve the election under
certain conditions. The Regional Level Committee consists of the
Joint Director of Education, Deputy Director of Education and the
District Inspector of Schools concerned. They would be in a better
position to examine the factual disputes raised in the present
petition.
The petitioners may, therefore, approach the Regional Level
Committee and the Court has no reason to doubt that in case such a
representation is made, the Regional Level Committee shall take a
decision after hearing the parties concerned including respondent
No.4 expeditiously, preferably within a period of three months’
from the date of filing of the representation along with the certified
copy of this order.
The writ petition is disposed of subject to the observations made
above.
It is made clear that the Court has not adjudicated upon the
merits of the case, which shall be examined by the Regional Level
Committee in accordance with law.
Order Date :- 7.7.2010
NSC