COMMITTEE OF MANAGEMENT LATE SHRI JITAWAR SINGH SENGAR MADHYAMIK VIDHYALAYA HARVANSHPUR DISTRICT AURAIYA Vs. STATE OF U P

JUDGEMENT

(1.) WRIT petitioner - appellant aggrieved by an order dated 10.04.2009 passed in WRIT Petition No.19598 of 2009, dismissing the writ application and relegating the appellants to a remedy of suit, has preferred this Appeal under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952. Short facts giving rise to the present Appeal are that writ petitioner - appellant, Committee of Management of Late Sri Jitawar Singh Senger, Madhyamik Vidyalaya, Harvanshpur, district Auraiya through its Manager Rajendra Singh Sengar, has filed petition inter alia praying for quashing the order of the District Basic Education Officer attesting the signature of respondent No.4 as the Manager of the Committee of Management. It was the petitioner's plea that on 1st of February, 2009, after the death of the earlier Manager Sri Shiv Ram Singh, Rajendra Singh Sengar was resolved to be appointed as the Manager and his prayer for attestation as Manager was pending. The District Basic Education Officer had attested the signature of respondent No.4, as the Manager of the Committee of Management. The learned Single Judge declined to interfere with the order in exercise of jurisdiction under Article 226 of the Constitution of India, inter alia observing that the said controversy cannot be appropriately decided in the writ petition and relegated the writ petitioner - appellant to a remedy of suit. We have heard Mr. S.K. Mishra, learned counsel for the appellant and we are of the opinion that in the facts and circumstances of the present case, learned Single Judge did not err in refusing to exercise jurisdiction under Article 226 of the Constitution of India and relegating the writ petitioner - appellant to a remedy of suit. We do not find any merit in the Appeal. It is dismissed accordingly.