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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.

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

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

.......................J.               [ ROHINTON FALI NARIMAN ]  NEW DELHI; NOVEMBER 25, 2016.

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