Court No. - 39 Case :- WRIT - C No. - 37022 of 2010 Petitioner :- Prem Shanker Rai Respondent :- State Of U.P. And Others Petitioner Counsel :- Rakesh Pande,Akshay Kumar Rai Respondent Counsel :- C.S.C.,Dinesh Kr. Misra,Ghanshyam,Rajesh Kr. Singh Hon'ble Dilip Gupta,J.
The petitioner has sought the quashing of the order dated 29th
June, 2010 passed by the District Inspector of School, Ballia by
which he has approved the elections of the Committee of
Management of the Institution held on 27th June, 2010 with
Pramod Kumar Upadhyay as the Manager.
Sri Rakesh Pande, learned counsel appearing for the petitioner has
raised a number of submissions for setting aside the impugned
order but the learned Standing Counsel appearing for respondent
nos.1 to 5 and Sri D.K. Mishra, learned counsel appearing for the
respondent no.7 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 19th 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 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 :- 23.7.2010
GS