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Committee of Management, Jan Sewa Shiksha Prasar Samiti and Ors. Vs. State of Uttar Pradesh and Ors.

[Civil Appeal No.11582 of 2016 arising from Special Leave Petition (C) No. 31341/2016]


1. Leave granted.

2. Heard learned counsel for the appellant and the Respondent No.3, who has appeared on caveat.

3. After arguing the case for some time, it was brought to our notice by the learned counsel that the elections are being held.

4. Therefore, we do not propose to interfere with the subject matter. However, we find that the liberty granted by the High Court to the appellant to approach the Civil Court may not be correct, since it is the Statutory Authority, which has to look into the issue. To that extent the impugned judgment shall stand modified.

5. With the above observations and modification the appeal stands disposed of.

6. Pending applications, if any, stand disposed of.

7. No costs.

.......................J. [KURIAN JOSEPH]

.......................J. [ROHINTON FALI NARIMAN]


NOVEMBER 25, 2016.


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