Allahabad High Court
COMMITTEE OF MANAGEMENT OF SHRI SARJU PRASAD EDUCATIONAL INSTITUTE INTER COLLEGE AND ANOTHERversusState of UP AND 5 OTHERS
- Decided
- Bench
- KSHITIJ SHAILENDRA
Holding
The Court held that non‑consideration of pending statutory applications cannot be justified solely on the ground of a missing report and directed the concerned officials to obtain and act upon the report within a stipulated time.
Summary
The Committee of Management of Shri Sarju Prasad Educational Institute filed a writ petition alleging that the State of Uttar Pradesh and other officials had not considered its applications dated 31‑05‑2022 and 20‑04‑2023 filed under Regulation 9, Chapter 7 of the Regulations framed under the U.P. Intermediate Education Act, 1921. The respondents argued that a required report from respondent No. 6 had not been submitted, causing a delay in decision‑making. The Court held that pending statutory proceedings cannot be ignored merely because a report is missing, and ordered respondent No. 6 to forward the requisite report to respondent No. 2 within one month. Upon receipt, respondent No. 2 must consider the petitioner’s representations, afford a hearing, and render a final decision within two months in accordance with law. The writ petition was therefore disposed with directions to the respondents to complete the procedural steps.
Issues considered
- What is the effect of a missing requisite report on the statutory duty to consider applications filed under Regulation 9, Chapter 7 of the U.P. Intermediate Education Act, 1921?
Legislation cited
Subjects
- writ petition
- U.P. Intermediate Education Act
- Regulation 9
- statutory proceedings
- report submission
- hearing
- administrative delay
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 36353 of 2024
Committee Of Management Of Shri Sarju Prasad
Educational Institute Inter College And Another .....Petitioner(s)
Versus
State Of UP And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : P.K. Upadhyay, Sanjay Kumar Mishra
Counsel for Respondent(s) : C.S.C.
Court No. - 33
HON'BLE KSHITIJ SHAILENDRA, J.
1. Heard Sri P.K. Upadhyay, learned counsel for the petitioner and Sri
R.P. Tiwari, learned Standing Counsel for the State.
2. Grievance of the writ petitioner is regarding non-consideration of their
application dated 31.05.2022 moved under Regulation 9 Chapter 7 of
Regulations framed under U.P. Intermediate Education Act, 1921 and also
another application/representation dated 20.04.2023.
3. Initially, counter affidavit was called for from the respondents.
4. Counter affidavit has been filed on behalf of the respondent nos.2 and 3
indicating the difficulty in taking decision taking a plea that requisite
report has not been submitted by respondent no.6.
5. In the opinion of the Court, once statutory proceedings are pending
before respondents, non-consideration thereof on account of non-
submission of requisite report by one or the other official cannot be said
to be justified.
6. Considering the facts and circumstances of the case and stand taken in
the counter affidavit, this writ petition stands disposed of directing the
respondent no.6 to send requisite report to the respondent no.2 within a
period of one month from the date of production of certified copy of this
order before the respondent no.6.
7. As soon as the respondent no.2 receives the report from the respondent
WRIC No. 36353 of 2024
2
no.6, it shall take up the aforesaid representations of the petitioner, and
after providing opportunity of hearing to the petitioner and other
concerned, final decision shall be taken within a period of two months, in
accordance with law.
(Kshitij Shailendra,J.)
March 19, 2026
S.A.
Digitally signed by :-
SALMAN AHMAD
High Court of Judicature at Allahabad
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