SHIKSHA PRASAR SAMITI v. STATE OF U.P.

Supreme Court of India · 25 Nov 2016
Kurian Joseph; Rohinton Fali Nariman
CIVIL APPEAL NO.11582 OF 2016
civil appeal_allowed

AI Summary

The Supreme Court held that the dispute must be adjudicated by the Statutory Authority and not the Civil Court, modifying the High Court's order accordingly.

Full Text
Translation output
Page 1
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)
JUDGMENT
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. Page 2

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

6. No costs ........................ J. [ KURIAN JOSEPH ] ....................... J. [ ROHINTON FALI NARIMAN ] NEW DELHI; NOVEMBER 25, 2016.