Allahabad High Court
RAKESH PANCHAL @ RAKESH KUMAR AND 11 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- VINOD DIWAKAR
Holding
The petition is dismissed, and the petitioners are directed to pursue the statutory remedy by filing an objection before the Regional Level Committee.
Summary
The petitioners challenged the election held on 28 June 2026 for the Committee of Management of an institution, seeking a writ of certiorari to quash the election and subsequent orders of the District Inspector of Schools that rejected their objection. The Court noted a preliminary objection raised by the State Standing Counsel that the petitioners had an alternative statutory remedy under a Government Order dated 19 December 2000, as amended on 17 June 2026, which allows filing an objection before the Regional Level Committee. The petitioners did not contest this point and requested permission to pursue the statutory remedy. The Court disposed of the writ petition, directing the petitioners to file their objection before the Regional Level Committee within three weeks and to have the matter decided within three months, including the related writ Writ‑C No. 32982 of 2026. The decision emphasizes the requirement to exhaust the prescribed administrative remedy before approaching the court.
Issues considered
- What is the appropriate remedy for the petitioners' objection to the election of the Committee of Management?
- Whether the writ petition seeking certiorari should be entertained when a statutory remedy under the Government Order is available.
Subjects
- election
- committee of management
- certiorari
- statutory remedy
- regional level committee
- writ petition
- administrative law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 37762 of 2026
Rakesh Panchal @ Rakesh Kumar And 11 Others
.....Petitioner(s)
Versus
State of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Arvind Kumar Yadav, Narendra Kumar
Chaturvedi
Counsel for Respondent(s) : C.S.C., Saurabh Tripathi
Court No. - 38
HON'BLE VINOD DIWAKAR, J.
1. Heard learned counsel for the petitioners, Shri Prabhakar Awasthi, learned
Senior Counsel assisted by Shri Saurabh Tripathi, learned counsel for the
respondent and learned Standing Counsel for the State.
2. By means of the present petition, the petitioners has prayed for issuance of
a writ, order or direction in the nature of certiorari quashing the impugned
Election dated 28.06.2026 of Committee of Management of the institution
and order dated 03.07.2026, passed by the District Inspector of Schools,
Aligarh, and the order dated 05.08.2026, passed by the District Inspector of
Schools, Aligarh, whereby the complaint/objection of the petitioners against
the election dated 28.06.2026 has been rejected.
3. At the very outset, the learned Standing Counsel raised a preliminary
objection on the ground that an alternative statutory remedy is available to
the petitioner to file objection before the Regional Level Committee in terms
of the Government Order dated 19.12.2000 subsequently modified by order
dated 17.06.2026.
4. Learned counsel for the petitioner does not dispute the aforesaid
preliminary objection raised by the learned Standing Counsel and prays that
the petitioner may be permitted to avail the statutory remedy by filing an
objection before the Regional Level Committee.
5. Accordingly, the instant petition is disposed of with liberty to the
petitioner to raise all the contentions urged before this Court before the
Regional Level Committee. In the event the petitioner files an objection
WRIC No. 37762 of 2026
2
before the Regional Level Committee within three weeks from the date of
this order, the same shall be considered and decided, in accordance with law,
within three months from the date of its filing. The Regional Level
Committee shall also decide the subject matter of Writ-C No. 32982 of 2026
within the aforesaid period.
September 21, 2026
A. Tripathi
(Vinod Diwakar,J.)
Digitally signed by :-
AKHILESH TRIPATHI
High Court of Judicature at Allahabad
Checking your session…