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2016 DIGILAW 253 (ALL)

Indra Gandhi U. M. Vidyalaya v. State of U. P.

2016-01-19

MANOJ KUMAR GUPTA

body2016
JUDGMENT Manoj Kumar Gupta, J. Heard counsel for the petitioners and learned standing counsel on behalf of the State respondents. With their consent, this writ petition is being disposed of finally without inviting counter affidavit. 2. The petitioners are committee of management and manager of a recognised Intermediate College and have approached this Court with the grievance that the institution is wrongly not being designated as an examination centre for conducting ensuing Board Examinations in the month of February/March, 2016. It is urged that the Sub Divisional Magistrate in a report mentioned that there is some dispute pending in relation to the land of the institution and another litigation before this Court against an order of the Prescribed Authority passed under Section 25 (1) of the Societies Registration Act, 1860. It is on the basis of the said report that the petitioner institution was not designated as an examination centre. 3. Learned counsel for the petitioners pointed out that none of these factors could dis-entitle the institution for being designated as an examination centre, inasmuch as the only prohibition is in cases where there was a dispute between the management and the Principal of the institution. It is submitted that the petitioner institution had made a representation to the Commissioner, who is Chairman of the Regional Level Committee on 3.12.2015 but no decision was taken in reference thereto. 4. Learned standing counsel appearing on behalf of the State respondents pointed out that after the list is finalised by the District Level Committee and State Level Committee, it is only the State Government which has the power to amend the list under the Government Order dated 14.10.2015. 5. After considering the submissions made by learned counsel for the parties, this Court is of the opinion that interest of justice would be served in permitting the petitioners to approach the first respondent alongwith a certified copy of this order and a fresh representation and in that event, the first respondent shall examine the grievance of the petitioners and take appropriate decision in accordance with law, expeditiously and preferably within a period of next two weeks. 6. With the aforesaid observations and directions, writ petition stands disposed of.