Allahabad High Court
C/M Jetvan Inter College Shrawasti ... vs State Of U.P. Thru. Addl. Chief Secy. ... on 9 January, 2020
Author: Abdul Moin
Bench: Abdul Moin
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 20 Case :- SERVICE SINGLE No. - 11636 of 2018 Petitioner :- C/M Jetvan Inter College Shrawasti Thru. Manager Ashok Kumar Respondent :- State Of U.P. Thru. Addl. Chief Secy. Sec. Education & Ors. Counsel for Petitioner :- Meenakshi Singh Parihar,Sachin Srivastava Counsel for Respondent :- C.S.C.,Sudheer Tripathi Hon'ble Abdul Moin,J.
Heard Sri H.G.S. Parihar, learned Senior Advocate, assisted by Sri Sachin Srivastava, learned counsel for the petitioner, learned Standing Counsel appearing for respondent nos. 1 to 4 and Sri Sudhir Tripathi, learned counsel appearing for respondent nos.5 to 11.
With the consent of learned counsel for the parties, the writ petition is finally decided.
All the parties concede that against the impugned orders as challenged in the present petition, the petitioner-Committee of Management has got an alternative remedy of approaching the Regional Deputy Director of Education under the provisions of Sub-section (5) of Section 16FF of the U.P. Intermediate Education Act, 1921 (for short, Act of 1921).
Sri Parihar submits that once the said remedy is provided under the Act of 1921 liberty be given to the petitioner to approach the Regional Deputy Director of Education and he may be directed to decided the said representation in accordance with law within a specified time. He also submits that now the power of Regional Deputy Director of Education is being exercised by the Joint Director of Education which submission is not opposed by learned Standing Counsel.
Accordingly, the writ petition is disposed of leaving it open to the petitioner to approach the Joint Director of Education, Devi Patan Region, Faizabad, within a period of two weeks from today. In case, any such representation is made by the petitioner-Committee of Management then the Joint Director of Education i.e. respondent no.3 shall proceed to decide the representation of the petitioner in accordance with law and relevant Act within a period of three months from the date of receipt of the said representation along with certified copy of this order.
It is also provided that the Joint Director of Education shall proceed to pass an order after giving due opportunity of hearing to all concerned parties.
Order Date :- 9.1.2020 A. Katiyar