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2002 Supreme(All) 1318

A.K.YOG
SARASWATI VIDYA MANDIR – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
G.K.PANDEY, Om Prakash Chaubey, Shamim Ahmad

A. K. YOG, J.


( 1 ) HEARD Sri Shamim Ahmad, advocate, appearing on behalf of the petitioner and Sri G. K. Pandey, learned standing counsel, on behalf of the respondents.

( 2 ) PETITIONER before this Court is saraswati Vidya Mandir Rewatlpur, district Ghazipur through its manager Smt. Ram Sakhi Devi purporting to be an institution, called saraswati Vidya mandir Rewatipur, which is not a legal entity.

( 3 ) THIS Court in Writ Petition No. 10663 of 1976, Sardar Patel Higher Secondary School, Dev nagar, Mathura v. Deputy Director of Education, Agra Region, Agra and Ors. , 1976 AWC 18, vide judgment and order dated 1. 3. 1976 observed :

"sri N. C. Upadhyay, learned counsel for the respondent No. 3, Babu Lal Sharma raised a preliminary objection to the maintainability of the petition at the instance of the manager Kedar nath. He urged that the Committee of Management had authority to hold enquiry and to dismiss the petitioner from service, its proposal to dismiss respondent No. 3 was disapproved by the deputy Director of Education in appeal, therefore, the aggrieved party was the Committee of management and the petition could be filed only by it, the manager Sri Kedar Nath had no locus st











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