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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
ARUN BHANSALI, KSHITIJ SHAILENDRA
Committee of Management – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. impleadment deferred to single judge. (Para 1 , 2 , 3) |
| 2. writ challenges controller appointment under section 58. (Para 4 , 5) |
| 3. family ties justify no interim per skm case. (Para 6 , 7) |
| 4. appointment ignores reply, violates sections 57-58. (Para 8 , 9 , 10 , 11) |
| 5. irregularities justify controller; appeal premature. (Para 12 , 13 , 14) |
| 6. appeal lies if order affects vital rights. (Para 15 , 16 , 17 , 18 , 19) |
| 7. stay denial on extraneous family grounds unjustified. (Para 20 , 21 , 22) |
| 8. remit stay application for merits adjudication. (Para 23 , 24 , 25 , 26) |
JUDGMENT :
1. Heard Shri Gajendra Pratap, learned Senior Advocate, assisted by Shri Vinay Kumar Singh, Advocate for the appellants, learned Standing Counsel for respondents no. 1, 2, 3 and 4, Shri Aditya Kumar Singh, learned counsel for respondents no. 5 and 6 and Shri G.K. Singh, learned Senior Advocate, assisted by Shri Rishabh Narayan Singh, Advocate for respondent no. 7.
2. An application seeking impleadment has been filed on behalf of one Vijay Bahadur Singh claiming himself to be life member of Bayalsi Shaikhsanik Samiti, Jalalpur, District Jaunpur, stating therein that he had filed a caveat application in
Special appeal maintainable against implied refusal of interim stay affecting vital rights; family relationship between managers irrelevant if absent from show cause/audit/appointment grounds; remand....
The appointment of an authorized controller under the U.P. Intermediate Education Act must adhere to principles of natural justice, requiring the decision-maker to provide a fair hearing and avoid bi....
The court's decision was influenced by the fact that the petitioner's term as Manager had come to an end, rendering the writ petition infructuous.
Interim orders affecting substantial rights are appealable under Section 5(i) of the Kerala High Court Act, emphasizing jurisdictional authority of the Waqf Board over properties claimed as non-Waqf.
The interim orders extending a Manager's tenure amid disputes regarding property status as Waqf were deemed improper, highlighting potential abuse of legal process.
The court affirmed that administrative powers under the Uttar Pradesh Education Act were exercised correctly, as the Committee of Management was given adequate opportunity for reply and the impugned ....
Disciplinary actions in educational institutions must comply with established legal frameworks and principles of natural justice, and any actions taken without proper authority are rendered void.
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