COMMITTEE OF MANAGEMENT AND ANOTHERS Vs. D.I.O.S., MATHURA AND OTHERS
LAWS(ALL)-1992-1-137
HIGH COURT OF ALLAHABAD
Decided on January 28,1992

Committee Of Management And Anothers Appellant
VERSUS
D.I.O.S., Mathura And Others Respondents

JUDGEMENT

K. Narayan, J. - (1.) The applicants have prayed for notification in an earlier order dated 13-1-1992 of this Court and have also prayed that a direction he made to the Deputy Director of Education, Agra Region, Agra to refer the matter to the authority concerned, namely some other District Inspector of Schools. Before proceeding with the application itself, it may he mentioned that on 13-1-1992 an order was made disposing of the petition of the petitioner directing disposing of certain matters by the District inspector of Schools Mathura with a time bound schedule after hearing both the petitioner as well as Sri Amar Nath Tyagi and any other affected person in the cases. There were certain allegations in that petition against District Inspector of Schools personally and he was also made a party in person but these allegations were not taken much notice of and no notice was given to him in person.
(2.) In the present application, the applicants have contended that the District Inspector of Schools on receiving the copy oi the order of this Court has fixed 31-1-1992 for hearing at 3 o'clock according to the applicants, after that they wrote another letter to the District Inspector of Schools on 21-1-1992 disputing his independence deal with the matter and also sent a letter to that effect. According to him, it is on receipt of this letter that the District Inspector of Schools had some how conveyed his annoyance over the matter. The applicants have thus approached this Court for virtually a change in the officer or some other direction under the garb of above prayer.
(3.) The application has been vehemently opposed by Shri Mahesh Gautam. counsel for the respondent No. 3. In the first instance, he has challenged the maintainability of such an application after decision of the writ petition and in this behalf had referred to the law laid down by the Supreme Court in the case of State of U.P. v. Brahma Dutt Sharma, reported in 1987 UPLBEC page 28. On the other hand, the learned counsel for the applicants had referred me to the decision in the case of Ariban T. Sharma v. Ariban P. Sharma, reported in AIR 1979 SC page 1047. I have gone through both these cases. I do not think any further discussion is needed in respect of them as there is always the authority to entertain review, recall and restoration petitions in respect of the writ petition also and consequently the application given could also be entertained. On course as to what extent a relief can be given will depend on various other factors, which will obtain in individual cases.;


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