Allahabad High Court
C/M Sri Lal Bahadur Shastri Smarak Inter ... vs State Of U.P. Thru. Its Addl. Chief ... on 16 February, 2024
Author: Manish Mathur
Bench: Manish Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2024:AHC-LKO:14230 Court No. - 17 Case :- WRIT - A No. - 1169 of 2024 Petitioner :- C/M Sri Lal Bahadur Shastri Smarak Inter College Gola Thru. Its Manager Ram Sharan And Another Respondent :- State Of U.P. Thru. Its Addl. Chief Secy./Prin. Secy. Deptt. Of Secondary Edu. Lko. And Others Counsel for Petitioner :- Vinod Kumar Shukla,Alok Kumar Pandey Counsel for Respondent :- C.S.C.,Ashok Kumar Hon'ble Manish Mathur,J.
1. Heard learned counsel for petitioners, learned State Counsel for opposite party nos. 1 to 4 and Mr. Ashok Kumar, learned counsel for opposite party no. 5.
2. Under challenge is the order dated 16.01.2024 whereby the District Inspector of Schools has directed petitioner Committee of Management to hand over charge of officiating principal to opposite party no. 5.
3. It has been submitted that earlier as well Writ A No. 6539 of 2023 had been filed by petitioner institution challenging orders dated 9.8.2023, 12.7.2023 and 30.6.2023 passed in favour of opposite party No. 5. The said petition was allowed by means of judgment and order dated 29.8.2023 while remitting the matter to District Inspector of Schools to pass fresh order in accordance with law while considering judgments cited primarily in the case of Ram Murti Singh versus District Inspector of Schools, 1995 Supplementary (3) SCC 170 as well as the order dated 17.6.2023 passed earlier by the District Inspector of Schools himself with regard to aforesaid controversy.
4. It has been submitted that a bare perusal of impugned order will make it evident that only a passing reference has been made to the judgment indicated herein above while the order dated 17.6.2023 has not been considered at all and therefore there was no material before the concerned authority to record a finding regarding competence or otherwise of opposite party No.5.
5. Learned counsel appearing on behalf of opposite parties have refuted submissions advanced by learned counsel for petitioner with submission that the impugned order has considered the judgment and order dated 29.8.2023 while reference has also been made to the order dated 17.6.2023 and theretofore the impugned order does not merit any interference.
6. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, it is quite evident that with regard to aforesaid controversy, this court in its judgment and order dated 29.8.2023 while remitting the matter for consideration afresh by the District Inspector of Schools has specifically directed the said authority to consider the judgments indicated therein as well as the order dated 17.6.2023 passed by the said authority earlier.
7. A perusal of impugned order however makes it evident that while only a passing reference has been made to the judgment referred of this Court, the order dated 17.6.2023 has not been considered at all. It is quite clear from a perusal of the earlier judgment and order dated 29.8.2023 that the said order had been passed by the District Inspector of Schools upon a complaint made with regard to functioning of opposite party No.5 as officiating principal of the institution and therefore this consideration of the said order was material in order to record a finding with regard to competence or otherwise of the said opposite party.
8. Non consideration of the aforesaid order is therefore contrary to the directions issued by this Court earlier.
9. In view of aforesaid, the impugned order dated 16.1.2024 is hereby quashed by issuance of writ in the nature of Certiorari directing the opposite party No.4 i.e. District Inspector of Schools, Lakhimpur Kheri to pass fresh orders strictly in compliance with judgment and order dated 29.8.2023 passed earlier in Writ A No. 6539 of 2023 within a period of three weeks from the date a copy of this order is produced before the concerned authority.
10. The arrangement indicated with regard to officiating principal in order dated 29th August, 2023 shall continue till passing of order.
11. Resultantly, the petition succeeds and is allowed at the admission stage itself. Parties to bear their own cost.
Order Date :- 16.2.2024 Satish