Allahabad Court February 2011 Judgments
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Abdul Mabood Raza Vs. Aligarh Muslim University and ors.
Court: Allahabad
Decided on: Feb-18-2011
1. The petitioner was a student of Masters in Journalism and Mass Communication (MJMC) in the Aligarh Muslim University, having been admitted in the Academic Session 2005-06. In an incident dated 31st May, 2007 the petitioner was subjected to a disciplinary action and has been ultimately punished by an expulsion order of the University dated 29.11.2007, which has been communicated to the petitioner through an Office Memo, a copy where is Annexure-2 to the writ petition. The petitioner was expelled from the rolls of the University for the two academic sessions of the year 2007-08 and 2008-09. 2. The petitioner through this petition has come up for a mandamus commanding the respondents to allow the petitioner to continue his studies further and complete his Masters Course, which could not be done on account of the aforesaid expulsion order. 3. Smt. Sunita Agrawal for the respondent - University submits that the petitioner cannot raise any such plea in view of the order passed in Writ Pet...
Cm Vaidic Inter College and Another Vs. State of U.P. and Others
Court: Allahabad
Decided on: Feb-17-2011
1. Heard Sri Vinod Sinha, learned counsel for the petitioners, Sri Rakesh Pandey, learned counsel for the respondent no.7 and learned Standing Counsel appearing on behalf of the respondent nos. 1, 2 and 3. 2. In view of the nature of the order proposed to be passed it is not necessary to issue notice to the respondent nos. 4 to 6. 3. None of the contesting respondents pray for time to file any counter affidavit and they submit that as only legal issues are to be decided at this level the writ petition may be disposed of at this stage. 4. Accordingly, the writ petition is disposed of at this stage with the consent of the parties. 5. Challenge in this petition is to the communication dated 29th January, 2011 whereby the District Inspector of Schools, Bulandshahar has proceeded to constitute a three member committee in order to ascertain the facts pertaining to the dispute of recognition of Committee of Management of an Intermediate college under the U.P. Intermediate Education Act, 1921....
Bal Govind Joshi Vs. State of U.P. and Others
Court: Allahabad
Decided on: Feb-17-2011
1. The petitioner appeared as a private candidate in the B.A. Part-I Examinations conducted by the Chaudhary Charan Singh University, Meerut in 2010. The petitioner has cleared his examinations but he is not being given his results. The petitioner contacted the University and also filed an application for the redressal of his grievances. Inspite of repeated efforts, no further action was taken. On the contrary, the petitioner was informed that he cannot be permitted to raise such a claim as his very admission in B.A. Part-I was on the basis of "Adhikari Pariksha" Examination conducted by the Gurukul Vishwavidyalaya Vrindaban Mathura which is not recognised. According to the University the said examination is from a University which has been classified as a fake University by the University Grants Commission. 2. The prayer of the petitioner is for declaration of his results and for a further direction to permit him to appear in the B.A. Part-II Examinations to be conducted by the Univer...
Committee of Management Sri Jagjeevan Ram Inter College Asav, Nagsar, ...
Court: Allahabad
Decided on: Feb-15-2011
1. The petitioner-Committee through Triloki Nath Pandey, Manager has questioned the impugned order dated 5th February, 2011 passed by the Regional Level Committee through the Joint Director of Education, Chairman, whereby a Prabandh Sanchalak/Authorized Controller has been appointed in the institution with a further direction to hold elections after obtaining the valid list of electoral college, entitled to participate in the elections of the Committee of Management of Sri Jagjeevan Ram Inter College, Asav Nagsar, District Ghazipur. 2. The institution is recognized under the provisions of the U.P. Intermediate Education Act, 1921 and a scheme of administration has been duly approved under Section 16-A of the said Act. The scheme of administration was amended on 15th February, 1985 which provides for a general body consisting of life members and ordinary members. The ordinary members to retain their membership for a period of three years. The tenure of the Committee of Management is thr...
State of U.P. and Another Vs. Board of Revenue, U.P. Allahabad and Oth ...
Court: Allahabad
Decided on: Feb-15-2011
1. Heard learned standing counsel for the petitioner-State and learned counsel for contesting respondents. 2. A notification under Section-4 of Forest Act was issued on 29.4.1955 in respect of various agricultural lands situate in different villages of Tehsil Puranpur, District Pilibhit, including village Bhaipur, where land in dispute is situate. Annexure-2 to the writ petition is the typed copy of the said notification which at sl. no.45 contains the name of the village Bhaipur and total area is shown to be 175.56 acres. No particulars like plot numbers have been given. The total area is shown to be bounded on east by khet (field) & on all the other three sides by Zamindara Jungal. 3. Annexure-3 to the writ petition is typed copy of gazette notification dated 9.6.1965 published in U.P. gazette on 7.8.1965 under Section 20 of Forest Act. It relates only to plot no.461/1 area 148.68 acres situate in village in question i.e. Bhaipur. 4. This writ petition is directed against judgmen...
Mangalsen Vs. State of U.P. and Others
Court: Allahabad
Decided on: Feb-15-2011
1. We have heard Sri Ved Mani Sharma, learned counsel for the petitioner and Sri D.K.Tripathi, learned Standing Counsel appearing for the State-respondents. 2. By this writ petition we have been asked to consider the grant of the following prayers: i)issue a writ order or direction in the nature of certiorari quashing the impugned order dated 18.5.82(Annexure-4) passed by respondent no.3. ii)issue a writ order or direction in the nature of mandamus commanding the respondent no.3, not to dispossess the petitioner from the land and the parties may be directed to maintain status quo over the land. iii)issue any other and further writ order or direction which this Hon'ble Court may deem fit and proper under the aforesaid facts and circumstances of the present writ petition. iv)Award the costs to the writ petition in favour of the petitioner. 3. The facts, in brief,as submitted by the learned counsel for the petitioner are that the petitioner was a recorded tenure holder in Village Harunaga...
Narendra Pratap Singh and Others Vs. Board of Revenue U.P. Lkw and Oth ...
Court: Allahabad
Decided on: Feb-15-2011
1. On a pointed query being made by the Court as to whether the petitioners are in a position to disclose as to in which Halkas he had worked as untrained Lekhpal for a period of 100 days which could entitle them for admission in the Lekhpal Training Institute, counsel for the petitioners refused to answer the query and stated that the petitioners had submitted their application form which was verified by the respondents and therefore it is to be presumed that the petitioners were eligible for admission of Lekhpal training on the relevant date. 2. This petition is directed against an order dated 13.09.2000. Under the order impugned the Prabhari Adhikari Bhoolekh on behalf of the District Magistrate, Varanasi has required the petitioners to submit such documents as they may be advised for establishing that they had worked as untrained Lekhpal for the required period which could entitle them for admission to the Lekhpal Training Institute and on being successful in the said training to b...
Vijay Shanker Vs. Superintendent Engineer(Res) Circle and Others
Court: Allahabad
Decided on: Feb-14-2011
1. Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents. 2. Petitioner, before this Court, seeks quashing of the order passed by the Superintendent Engineer (RES) Circle, Allahabad dated 22nd March, 2000, wherein regularization offered to the petitioner under the order dated 15th October, 1994 has been cancelled after recording a finding that the petitioner's case is not covered by the U.P. Regularization of Ad-Hoc Appointments (On Posts Outside the Purview of the Public Service Commission) Second Amendment Rules, 1989 (hereinafter referred to as the 'Amendment Rules, 1989') and therefore, order of regularization dated 15th October, 1994 being patently illegal was cancelled. 3. Learned counsel for the petitioner challenging the order submits that petitioner was initially appointed on 28th May, 1986 for a period of three months, a copy of the appointment letter has been enclosed as Annexure-1 to the writ petition, and thereafter, he was offered...
Cm Sarvodaya Inter College Dinari Moradabad and Another Vs. D.i.O.S. M ...
Court: Allahabad
Decided on: Feb-14-2011
1. Sri Sunil Tiwari holding brief of Sri P. Padia for the petitioner, learned Standing Counsel for respondent No.1 and 2 and Sri Manoj Kumar for respondent No.3 have been heard. As requested by learned counsel for the parties, the writ petition is being decided finally at this stage under the Rules of the Court. 2. The order dated 15th June, 2005 passed by the District Inspector of Schools, Moradabad (hereinafter referred to as 'DIOS') (Annexure No.10 to the writ petition) is impugned in this writ petition aggrieved whereagainst petitioner has sought a writ of certiorari for quashing the same. DIOS has held that post of Lecturer (Geography) is to be filled in by promotion for which respondent No.3 was eligible. He has directed the Committee of Management of Sarvodaya Inter College, Dinari, District Moradabad (hereinafter referred to as "College") to send proposal for promotion of respondent No.3. 3. The facts in brief giving rise to the present dispute are as under. 4. The College is a...
Rakesh Singh Vs. Sonia Gandhi
Court: Allahabad
Decided on: Feb-14-2011
1. By this election petition, the petitioner has prayed the following relief: a)That it be declared that the election of the Respondent no. 1 as member of Uttar Pradesh Constituency No. 36 Raibareilly, District Raibareilly as null and void and be set aside; b)That pending the hearing and final disposal of this Election Petition, the first Respondent be prevented by an order and injunction of this Hon'ble Court from attending the Parliamentary proceedings and/or from taking part in any discussion or proceedings or drawing emoluments or receiving any payment of whatsoever nature as an elected Member of Parliament; c)That cost of the petition be provided for; d)Any other order or relief as this Hon'ble Court deems fit and proper as contemplated under Section 98 and 99 of the (Representation of the People Act, 1951)* be passed in the facts and circumstances of the present case. 1.Learned counsel for the petitioner, Sri Ashok Pandey submits that the petitioner is a voter in the Raibareilly ...
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