Allahabad High Court
C/M Ashok Inter College And Another vs State Of U.P. And 5 Others on 5 February, 2024
Author: Salil Kumar Rai
Bench: Salil Kumar Rai
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:19469 Court No. - 10 Case :- WRIT - C No. - 33594 of 2023 Petitioner :- C/M Ashok Inter College And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Sankalp Narain,Hritudhwaj Pratap Sahi,Sr. Advocate Counsel for Respondent :- C.S.C.,Kamlesh Kumar Singh Hon'ble Salil Kumar Rai,J.
1. The present petition has been filed challenging the order dated 19.9.2023 passed by the Additional Chief Secretary, Secondary Education Department- 9, Government of U.P., Lucknow, under Section 16-D (4) of the Uttar Pradesh Intermediate Education Act, 1921 superseding the Committee of Management of the Institution named as Ashok Inter College, Baburi, Chandauli and appointing an Authorized Controller in the Institution.
2. It has been argued by the counsel for the petitioners that the impugned order is an ex-parte order and has been passed without serving, on the petitioner, a copy of the reports relied upon by the Additional Chief Secretary and without considering the objections filed by the petitioners. It has been argued that the aforesaid impugned order is contrary to the law laid down by this Court in the cases of Gautam Buddha Inter College and others vs. State of U.P. and others; 2016 (7) ADJ 665; C/M Goswami Tulsi Das Inter College and another vs. State of U.P. and 4 others, (Writ-C No. 37460 of 2022 decided on 19.12.2022; Chandrashekhar Tiwari vs. State of U.P. and 5 others, (Special Appeal No. 70 of 2023 decided on 07.02.2023 and Committee of Management, Sahid Sansmaran Inter College and others vs. Deputy Director of Education, Varanasi and others, 1993 (91) ALJ 318.
3. The aforesaid contention is admitted by Sri Prabhakar Awasthi, counsel for the complainant and by the Standing Counsel representing the State-respondents.
4. In view of the aforesaid, the petition is allowed. The order dated 19.9.2023 passed by the Additional Chief Secretary, Secondary Education Department- 9, Government of U.P., Lucknow is, hereby, quashed. The matter is remanded back to the State Government/Additional Chief Secretary, Secondary Education Department- 9, Government of U.P., Lucknow to pass fresh orders in accordance with law.
Order Date :- 5.2.2024 CS/-