COMMITTEE OF MANAGEMENT JAN SEWA SHIKSHA PRASAR SAMITI AND ORS. Vs. STATE OF U.P AND ORS.

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 11582 of 2016, Judgment Date: Nov 25, 2016

                                                              NON-REPORTABLE
                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                        CIVIL APPEAL NO.11582 OF 2016
          [ASISING FROM SPECIAL LEAVE PETITION (C) NO. 31341/2016]


      COMMITTEE OF MANAGEMENT JAN SEWA
      SHIKSHA PRASAR SAMITI AND ORS.                     APPELLANT(S)

                                    VERSUS

      STATE OF U.P. AND ORS.                            RESPONDENT(S)

                               J U D G M E N T

KURIAN, J.

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.
5.    Pending applications, if any, stand disposed of.
6.    No costs.

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

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

      NEW DELHI;
      NOVEMBER 25, 2016.