Allahabad High Court
C/M Sri Sanatam Dharam Inter College, ... vs State Of U.P. And 2 Others on 21 January, 2020
Author: Surya Prakash Kesarwani
Bench: Surya Prakash Kesarwani
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 5 Case :- WRIT - A No. - 973 of 2020 Petitioner :- C/M Sri Sanatam Dharam Inter College, Ghaziabad, And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Suyash Pandey,Nand Lal Pandey Counsel for Respondent :- C.S.C. Hon'ble Surya Prakash Kesarwani,J.
Heard Sri N.L. Pandey, learned counsel for the petitioners and Sri R.P. Dubey, learned Additional Chief Standing Counsel for the respondent.
This writ petition has been filed praying to quash the order dated 15.11.2019 passed passed by the respondent no. 2 and the order dated 29.11.2019 passed by the respondent no. 3 whereby the committee of management has been attempted to be superseded.
Learned counsel for the petitioners submits that both the impugned orders have been passed without affording any opportunity of hearing to the petitioners.
Learned Additional Chief Standing Counsel does not dispute the said position and admits that no opportunity of hearing was afforded to the petitioners, committee of management either by the Joint Director of Education or by the District Inspector of Schools before passing the impugned orders.
In view of the submissions made by learned counsel for the parties, no useful purpose will be served to keep this writ petition pending and call for a counter affidavit. Therefore, the impugned order dated 15.11.2019 passed by the Joint Director of Education, First Region, Meerut and the impugned order dated 29.11.2019 passed by the District Inspector of Schools, Ghaziabad are quashed on the ground of breach of principle of natural justice.
The matter is remitted back to the respondent no. 2 to afford reasonable opportunity of hearing to the petitioners including the opportunity of personal hearing and pass an appropriate order in accordance with law, preferably within eight weeks from the date of presentation of a certified copy of this order.
It is made clear that this Court has not expressed any opinion on merits of the case of the petitioners.
With the aforesaid observations, this writ petition is disposed of.
Order Date :- 21.1.2020 Arif