Allahabad High Court
C/M Bilhaur Inter College And Another vs State Of Up And 3 Others on 19 March, 2024
Author: Ajit Kumar
Bench: Ajit Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:48818 Court No. - 34 Case :- WRIT - A No. - 4264 of 2024 Petitioner :- C/M Bilhaur Inter College And Another Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Rahul Jain Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J.
1. Heard learned counsel for the parties.
2. Petitioner-Committee of Management has approached this Court for a writ of mandamus to the District Inspector of Schools who under the new U.P. Education Service Selection Commission Act, 2023 is the competent authority to exercise power under Section 16-G (3)(a) of the Intermediate Education Act, 1921 to consider the proposal of the Committee of Management regarding imposition of major penalty upon respondent no.4 who was working as officiating Principal of the institution at the relevant point of time.
3. It is submitted by Sri Rahul Jain, learned counsel for the petitioner that the proposal though has been mooted on 22.10.2023 but till date the District Inspector of Schools has not taken cognizance of the matter as notice has been issued to delinquent employee.
4. Learned Standing Counsel submits that the appropriate direction may be issued to the District Inspector of Schools in the above regard and the matter can be directed to be disposed of in accordance with law within the time framed as may be fixed by this Court.
5. In view of the above, this petition stands disposed of with direction to the District Inspector of Schools to look into and consider the proposal of the Committee of Management dated 22.10.2023 and proceed with the matter to conclude the proceeding under Section 16-G (3)(a) pending before him within the next three months' time from the date of presentation of certified copy of this order but ofcourse after giving notice to the Management and the delinquent employee as well as opportunity of hearing to them.
6. Needless to add the order to be passed shall be reasoned and speaking one.
Order Date :- 19.3.2024/Deepika