Allahabad High Court
Mohd Anzar Khan vs State Of U.P. And 4 Others on 22 September, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:184411 Court No. - 35 Case :- WRIT - A No. - 13933 of 2023 Petitioner :- Mohd Anzar Khan Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Lakshmi Kant Trigunait Counsel for Respondent :- C.S.C.,Bajrang Bahadur Singh,Satya Prakash Singh Hon'ble Vikas Budhwar,J.
1. Vakalatnama filed on behalf of fourth respondent by Sri S.P. Singh is taken in record.
2. The case of the writ petitioner is that he was appointed on the post of Assistant Teacher on 07.01.2013 in primary section of the institution in question and his services stood confirmed on 07.01.2014. As per the writ petitioner, owing to certain allegations adverse remark has been inserted in the character roll of the writ petitioner. The writ petitioner claims to have preferred an application on 29.07.2023 Annexure 12 at page 47 reference whereof has been given in para 24 of the writ petition before the fourth respondent, Committee of Management, Islamia Inter College, Arya Samaj Road, Muzaffarnagar seeking documents which was made the basis of infliction of adverse entry in the confidential report of the writ petitioner.
3. Prayer in the present petition is for quashing of the order dated 25.04.2023 which is in the shape of certain hand written comments which according to the writ petitioner is adverse contained in a report submitted by the Principal of the institution in question, fifth respondent dated 17.04.2023.
4. Sri S.P. Singh, learned counsel who appears for the fourth respondent as well as learned Standing Counsel on the basis of the instructions received by them submit that the approval has been accorded by the District Inspector of Schools with regard to the suspension of the writ petitioner. They submit that there is no factual pleadings nor challenge in this regard.
5. Learned Counsel for the fourth respondent has placed on record the order dated 20.06.2023 approving the suspension of the writ petitioner. So far as the issue with regard to adverse remarks are concerned in the shape of adverse entry, learned counsel for the parties are in agreement that the writ petitioner may prefer an appropriate representation before the fourth respondent with regard to adverse entry made in the character roll.
6. The learned counsel for the writ petitioner submits that the writ petitioner has not been furnished with the documents which were made the basis for infliction of the adverse entry. He, thus, submits that the documents be provided to him.
7. Sri S.P. Singh, learned counsel who appears for the fourth respondent submits that the writ petitioner may approach the Committee of Management who shall provide the copy of the inputs which have made the basis and then the writ petitioner may take recourse to the remedy as available under Regulation 73 of Chapter III of the U.P. Intermediate Education Act, 1921.
8. Since the order approving the suspension of the writ petitioner dated 20.06.2023 passed by the District Inspector of Schools, Muzaffarnagar has not been challenged, thus, this Court is not addressing on the merits of the legality of the said order, however, insofar as the adverse entry is concerned the writ petitioner may prefer an application before the Committee of Management of the institution in question and on the presentation of the same within 48 hours the necessary inputs and the documents which the writ petitioner requires for giving its reply/defence be provided to him so as to enable the writ petitioner to prefer a representation as contemplated under Regulation 73 of Chapter III of the U.P. Intermediate Education Act, 1921.
9. Accordingly, the writ petition is disposed of granting liberty to the writ petitioner to approach the fourth respondent Committee of Management of the institution in question by means of an application and on the receipt of the said application the Committee of Management of the institution in question, fourth respondent shall furnish the documents so as to enable the writ petitioner to prefer his representation before the Committee of Management which shall be decided with most expedition within a period of one month from the receipt of the representation under Regulation 73 of Chapter III of the U.P. Intermediate Education Act, 1921. So far as the legality and validity of the order approving the suspension of the writ petitioner is concerned the writ petitioner is at liberty to challenge it before the appropriate forum.
10. The instructions as well as the order dated 20.06.2023 are kept on record and marked as Appendix 'A' and 'B'.
Order Date :- 22.9.2023/Rajesh