Allahabad High Court
C/M Goswami Tulsi Das Inter College And ... vs State Of U.P. And 4 Others on 19 December, 2022
Author: Salil Kumar Rai
Bench: Salil Kumar Rai
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 35 Case :- WRIT - C No. - 37460 of 2022 Petitioner :- C/M Goswami Tulsi Das Inter College And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ranjeet Kumar Pandey,Hritudhwaj Pratap Sahi,Sankalp Narain,Sr. Advocate Counsel for Respondent :- C.S.C.,Siddharth Khare Hon'ble Salil Kumar Rai,J.
The present petition has been filed challenging the order dated 4.11.2022 passed by the Special Secretary, Sanskrit Shiksha Anubhag (Madhyamik Shiksha Anubhag-IX), Lucknow, U.P. superseding the Committee of Management of the Institution named as Goswami Tulsi Das Inter College and appointing an authorized controller to manage the affairs of the Institution.
A reading of the order dated 4.11.2022 shows that the said order has been passed without giving any notice to the petitioner and without giving the Committee of Management any opportunity of hearing.
In light of the judgement of this Court in Management, Gautam Buddha Inter College and Another Vs. State of U.P. and Others, (2016) 17 ADJ 665, the State Government was required to issue notice and give an opportunity of hearing to the petitioner before passing an order under Section 16(D-4) of U.P. Intermediate Education Act, 1921 appointing an authorized controller in the Institution.
In view of the aforesaid, it would serve no purpose to keep the petition pending.
The order dated 4.11.2022 Special Secretary, Sanskrit Shiksha Anubhag (Madhyamik Shiksha Anubhag-IX), Lucknow, U.P. is quashed. The matter is remitted back to the Special Secretary, Sanskrit Shiksha Anubhag (Madhyamik Shiksha Anubhag-IX), Lucknow, U.P. to pass fresh orders in the matter after giving the Committee of Management an opportunity of hearing.
With the aforesaid observation, the petition is allowed.
Order Date :- 19.12.2022 Anurag/-