Court No. - 39 Case :- WRIT - C No. - 33850 of 2010 Petitioner :- C/M Sri Yadvesh Inter College Thru' Manager Shiv Nath & Anr. Respondent :- State Of U.P. Thru' Principal Secretary Secondary Edu. & Ors Petitioner Counsel :- A.K. Sinha,P.K.S.Paliwal Respondent Counsel :- C.S.C.,R.M. Vishwakarma Hon'ble Dilip Gupta,J.
The petitioners have sought the quashing of the order dated 18th
May, 2010 passed by the Joint Director of Education, Varanasi
Region Varanasi by which the representations filed by Dharam Raj
Yadav respondent No.5 have been allowed and fresh elections
have been ordered to be held pursuant to the directions given by
the Regional Level Committee on 5th October, 2007.
It is the contention of Sri P.S. Baghel, learned Senior Counsel
appearing for the petitioners that a decision should have been
taken by the Regional Level Committee and not the Joint Director
of Education and in any case the election had been validly held
pursuant to the directions issued by the Regional Level
Committee.
It is the submission of Sri P.N.Saxena, learned Senior Counsel
for respondent No.5 that the order passed by the Joint Director of
Education dated 18th May, 2010 does not suffer from any
infirmity and that the elections of the Committee of Management
of the Institution have been held on 22nd June, 2010 and papers
have been submitted to the District Inspector of Schools.
The matter requires consideration.
Learned Standing Counsel appears for respondent Nos. 1, 2, 3
and 4. Sri R.M. Vishwakarma appears for respondent No.5. The
respondents may file a counter affidavit within two weeks.
Rejoinder affidavit, if any, may be filed within a week thereafter.
List this petition for admission/hearing in the week commencing
9th August, 2010.
Till the next date of listing, elections of the Committee of
Management of the Institution pursuant to the directions dated
18th May, 2010 shall not be held unless they have already been
held.
Order Date :- 12.7.2010
NSC