Court No. - 39 Case :- WRIT - C No. - 38640 of 2010 Petitioner :- Ram Charan Singh Respondent :- State Of U.P. & Ors. Petitioner Counsel :- Manish Kumar Pandey,V.K. Upadhyay Respondent Counsel :- C.S.C.,J.P.S. Chauhan Hon'ble Dilip Gupta,J.
The petitioner, who claims to have contested the election of the
Committee of Management of the Institution, is aggrieved by the
order dated 16th April, 2010 passed by the District Inspector of
Schools Bijnor by which he has approved the elections of the
Committee of Management of the Institution held on 14th April,
2010.
Learned counsel appearing for the petitioner has raised a number
of submissions for setting aside the aforesaid order but learned
Standing Counsel appearing for respondent Nos. 1 to 3 and Sri
J.P.S. Chauhan, learned counsel appearing for respondent-
Committee of Management have, however, submitted that the
petitioner 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 petitioner 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 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 :- 6.7.2010
NSC