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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SAURABH SHYAM SHAMSHERY
Committee of Management Sri Gandhi Inter College Harpur – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. lack of resolution impacts petition maintainability. (Para 1 , 2) |
| 2. authority of manager under scheme of administration. (Para 3 , 4 , 5 , 6 , 7) |
| 3. role of committee of management in legal decisions. (Para 8 , 12 , 14) |
| 4. committee's authority derived from statutory provisions. (Para 10 , 11 , 16) |
| 5. writ petition dismissed for lack of authorization. (Para 18 , 19) |
ORDER :
SAURABH SHYAM SHAMSHERY, J.
1. In the present case, contesting private respondent has raised a preliminary objection to the maintainability of present writ petition in it’s present form that it is not accompanied with a resolution of the Committee of Management to challenge the impugned order and to further authorise it’s Manager to act on their behalf.
2. The present writ petition is filed by the Committee of Management of a College namely, Sri Gandhi Inter College, Harpur Budhat, Gorakhpur being Petitioner No. 1 through its Manager being Petitioner No. 2. against an order dated 24.12.2025 passed by District Inspector of Schools, Gorakhpur, whereby a proposal dated 26.10.2025 to suspend Respondent No. 3 has been turned down.
3. Sri R.K. Ojha, learned Senior Advocate assisted by Sri Avneesh Tripathi,
A Manager of a Committee of Management cannot initiate a writ petition without prior authorization from the Committee, thus impacting the maintainability of such petitions.
Director of Secondary Education holds quasi-judicial power to probe election validity and approvals in aided institutions under School Education Act; jurisdiction distinct from Societies Act; prima f....
Elections held by a Committee of Management whose term has expired are valid if no Authorized Controller is appointed, and the Regional Level Committee's rejection of such elections is contrary to la....
Elections for the Committee of Management of an educational institution must be conducted in accordance with the approved Scheme of Administration, and the provisions of the Uttar Pradesh Intermediat....
The central legal point established in the judgment is the requirement of genuine rival claims or disputes and the need for prima facie material before the Registrar can validly exercise jurisdiction....
The court affirmed the validity of the Committee's elections under the Societies Registration Act, emphasizing adherence to bye-laws and authority established through prior judicial rulings.
The court affirmed the validity of the election of the Committee of Management, emphasizing adherence to the Society's Bye-Laws and proper authority in convening meetings.
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