Court No. - 39 Case :- WRIT - C No. - 40762 of 2010 Petitioner :- C/M. Navjivan Inter College, Bahsuma And Others Respondent :- State Of U.P. & Ors. Petitioner Counsel :- S.D. Shukla Respondent Counsel :- C.S.C.,S.P. Singh Hon'ble Dilip Gupta,J.
The petitioners have sought the quashing of the order dated 1st
July, 2010 passed by the District Inspector of Schools, Meerut by
which he has approved the elections of the Committee of
Management of the Institution held on 19th June, 2010.
Number of submissions have been raised by Sri Ashok Khare,
learned Senior Counsel appearing for the petitioners for setting
aside the aforesaid order but learned Standing Counsel appearing
for respondent Nos. 1 to 3 and Sri Vinod Sinha, learned counsel
appearing for respondent No.4 assisted by Sri S.P. Singh, have
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 expeditiously,
preferably within a period of two 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 :- 15.7.2010
NSC