Allahabad Court September 1998 Judgments
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Committee of Management, Dwarika Prasad Secondary School, Jaunpur Vs. ...
Court: Allahabad
Decided on: Sep-01-1998
Reported in: 1998(3)AWC2169; (1998)3UPLBEC1925
O.P. Gars, J. 1. These are two connected writ petitions in which common questions of law and facts are involved. They are, therefore, being decided by this common judgment.2. There is a registered society, known as Janta Junior High School. Anapur. Dashrathpur. district Jaunpur, which was for the first time registered on 16.9.1994 under the Societies Registration Act. The society has its own bye-laws and also Scheme of Administration, in pursuance of which, it runs as Higher Secondary School, known as Dwarika Prasad Higher Secondary School, Jaunpur, which is an aided and recognised institution. Incidentally, in the present case, there is a common committee of management of the society as well as the Institution which it runs. The period of the committee of management is three years.3. The last elections of the committee of management admittedly were held on 8.8.1993 in which Mata Prasad Misra and Devta Deen Pandey were respectively elected as President and Manager. The term of the comm...
Committee of Management, Arya Kanya Inter College, Secundra Rau, Aliga ...
Court: Allahabad
Decided on: Sep-01-1998
Reported in: 1998(3)AWC2166
O.P. Garg, J. 1. By means of this writ petition under Article 226 of the Constitution of India, it is prayed that the resolution which is Annexure-6 to the writ petition, adopted in the meeting dated 25.8.1997 selecting 6 executive members be quashed and the respondents be directed to select 6 executive members by informing and serving all the 51 members of the general body. Subsequently, it was also pleaded that the election held on 25.8.1997 in which Jagdish Prasad Varshney--respondent No. 7 is alleged to have been elected as Manager, be quashed.2. Counter and rejoinder-affidavits have been exchanged. Heard Sri A. N. Bhargava, learned counsel for the petitioner and Sri S. S. Chauhan as well as Sri Arun Tandon, learned counsel for the respondents.3. To begin with, it may be mentioned that it is not within the province of this Court exercising writ jurisdiction to decide the validity or otherwise of the selection/election of six executive members in pursuance of the meeting held on 25....
Awadh NaraIn Vs. Deputy Director of Consolidation, Varanasi and Others
Court: Allahabad
Decided on: Sep-01-1998
Reported in: 1998(4)AWC91
Shitla Pd. Srivastava, J.1. This writ petition under Article 226 of the Constitution has been filed by the petitioner for quashing the orders dated29.10.1994 and 27.2.1993 and for writ of mandamus staying the operation of the aforesaid two orders.2. From the order sheet dated 27th April, 1998 it is apparent that office report dated 24th April, 1998 was that the respondents are not served and substitution application was filed. Shri R. P. Shastri, Advocate has made a statement that he is representing respondent Nos. 3/1 and 3/2, i.e.. the proposed heirs of the deceased respondent, who are mentioned in the substitution application dated 11th April, 1997 and is ready to argue the case finally at the admission stage. As the parties have exchanged counter and rejoinder-affidavits, therefore, the matter was heard and the supplementary affidavit was also asked for as per order dated 29th April. 1998, which has been filed, therefore, the matter was finally heard with the consent of the learned...
Deepak Srivastava Vs. Secretary, Medical Education, Government of U.P. ...
Court: Allahabad
Decided on: Sep-01-1998
Reported in: 1998(4)AWC449
O. P. Garg, J.1. It is a case in which the petitioner--Deepak Srivastava, who has been able to secure order of migration/transfer from the apex body, i.e., Medical Council of India (for short 'M.C.I.') from A.N.M. Magadh Medical College, Gaya to Moti Lal Nehru Medical College (for short 'M.L.N.M.C.'), Allahabad has not unfortunately been able to get the fruits of the order on account of various official administrative rigmaroles with regard to existence or otherwise of a vacancy. A young boy who has been in great distress on account of prolonged Illness, Instead of extending compassion has been allowed to toss about from one authority to another. The above lamentation of this Court has come to be made in the light of the following facts.2. Deepak Srivastava. son of Sri Suresh Chandra Srivastava was granted admission in M.B.B.S. course through competitive test of the year 1991 having been placed at Sl. No. 1755 in order of merit, conducted by the Central Board of Secondary Education (ca...
Dropal Singh Vs. Nuclear Power Corporation of India Limited and Anothe ...
Court: Allahabad
Decided on: Sep-01-1998
Reported in: 1998(4)AWC454; [1998(80)FLR887]
M. Katju, J.1. Heard Sri Mahesh Gautam for the petitioner and Sri Piyush Agarwal holding the brief of Sri V. R. Agarwal for the respondent.2. The petitioner had been appointed as stipendiary trainee by the respondent but that appointment has been cancelled by the impugned order dated 28.4.98 Annexure-1 to the writ petition on the ground that the petitioner did not disclose his higher qualification of B.Sc. Thus, the ground for cancelling the appointment is that he is over-qualified.3. In similar Writ Petition No. 15696 of 1998, Jitendra Sharma v. Nuclear Power Corporation of India Limited and another, this Court quashed the impugned order by its judgment dated 13.8.98. In that case also the appointment had been cancelled on the ground that the petitioner was over-qualified, and this Court had held that a person's appointment can be cancelled if he is under-qualified but not on the ground that he is over qualified, rather the respondent should have given weightage to the fact that the p...
Raghuwansh Kumar Mishra Vs. State of U.P.
Court: Allahabad
Decided on: Sep-01-1998
Reported in: 1999CriLJ516
ORDERS.K. Phaujdar, J.1. The matter was heard yesterday.2. The present application is directed against an order dated 2-7-1998 passed by the II Addl. C.J.M., at Varanasi in Crime No. C-13/98 relating to P. S. Badagaon, Varanasi,2-A. An application was filed before the Addl. J.M. by one Rajesh Kumar Mishra against the present applicant and others for action under Section 156(3), Cr. P.C. The Magistrate recorded an order in the following language :Seen contents and record. ...
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