Allahabad High Court
C/M Hindu Intermediate College And ... vs State Of U.P. And 3 Others on 8 August, 2019
Author: Ajay Bhanot
Bench: Ajay Bhanot
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 7 Case :- WRIT - C No. - 26188 of 2019 Petitioner :- C/M Hindu Intermediate College And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pankaj Agarwal Counsel for Respondent :- C.S.C. Hon'ble Ajay Bhanot,J.
Civil Misc. Amendment Application No. Nill of 2019 Heard.
Amendment application is allowed.
Let the necessary amendment be carried out within a period of three days.
Order Date :- 8.8.2019 Dhananjai Court No. - 7 Case :- WRIT - C No. - 26188 of 2019 Petitioner :- C/M Hindu Intermediate College And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pankaj Agarwal Counsel for Respondent :- C.S.C. Hon'ble Ajay Bhanot,J.
By order dated 12.07.2019, passed by Joint Director of Education, Aligarh Region, Aligarh, an authorized controller has been appointed in the petitioner institution, in purported exercise of powers under Section 16(D) of the Intermediate Education Act, 1921.
Sri Pankaj Agarwal, learned counsel for the petitioners contends that the show-cause notice issued to the petitioner, is vague and lacks material particulars. Consequently, the petitioner could not tender an effective defence of his case.The show-cause notice dated 22.10.2018, is bad in law, and all consequent proceedings taken thereunder, are vitiated.
Learned Standing Counsel places show-cause notice dated 22.10.2018, however, he could not point out from the show-cause notice, the material particulars of the charges, the petitioners were called upon to defend against.
Heard learned counsel for the parties.
The show-cause notice dated 22.10.2018, issued by the Joint Director of Education, Aligarh Region, Aligarh to the petitioners references a report submitted against the petitioner's institution, containing a bare recital, that adequate grounds are in existence, for appointment of an authorized controller, in the institution.
The show-cause notice dated 22.10.2018, thereafter merely records that the adequate grounds and evidences, are available for appointing an authorized controller. The petitioners were asked to show cause against such proposed appointment.
A perusal of the show-cause notice dated 22.10.2018, shows that the notice is deficient in material particulars. The notice is vague. The purpose of the show-cause notice, is to alert the noticee of the particulars of the case against him, and thereby give an opportunity, to tender an effective defence of its case. In case, as in the instant case, the show-cause notice lacks material particulars of the charges, the noticee has to defend against, the noticee would be disabled from tendering an effective defence of his case. The proceedings consequent to such a deficient show-cause notice, would be violative of principles of natural justice.
The show-cause notice dated 22.10.2018, thus lacks the essential prerequisites, of a valid show-cause notice in law. The notice being so vitiated proceedings consequent to the same, are bad in law.
The show-cause notice dated 22.10.2018 and the consequent order dated 12.07.2019, are arbitrary and illegal. The show-cause notice dated 22.10.2018 and the consequent order dated 12.07.2019, appointing the authorized controller, in the petitioner institution cannot stand.
The show-cause notice dated 22.10.2018 issued by the Joint Director of Education, Aligarh Region, Aligarh and the order dated 12.07.2019 passed by the Joint Director of Education, Aligarh Region, Aligarh, are quashed.
Matter is remitted to the respondent no. 4, Joint Director of Education, Aligarh Region, Aligarh.
A writ of mandamus is issued commanding the respondent no. 4 to execute the following directions:
1. The respondent no. 4 shall issue a fresh show-cause notice to the petitioners, containing the material particulars of the charges, which warrants the appointment of an authorized controller under Section 16(D) of the U.P. Intermediate Education Act, 1921.
2. All material adverse, proposed to be relied upon, by the respondent no. 4, against the petitioners, shall be furnished to the petitioners.
3. The petitioners shall be given an opportunity to tender their defence to the show cause notice.
4. The respondent No.4 shall pass a reasoned and speaking order in deciding the issue, after considering the reply of the petitioners, and the material particulars available in the record, in accordance with law.
5. The exercise shall be completed within a period of four months from the date of receipt of a certified copy of this order.
The writ petition is allowed, to the extent indicated above. .
Order Date :- 8.8.2019 Dhananjai