Allahabad High Court
Committee Of Management Shri Gyan ... vs State Of U.P. And Another on 2 May, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:69795 Court No. - 7 Case :- WRIT - A No. - 5837 of 2025 Petitioner :- Committee Of Management Shri Gyan Chandra Jain Vaidya Inter College Respondent :- State of U.P. and Another Counsel for Petitioner :- Uma Nath Pandey Counsel for Respondent :- C.S.C. Hon'ble Vikram D. Chauhan,J.
1. Learned Senior Counsel appearing for the petitioner submits that petitioner is the Committee of Management of the Institution. There is a Headmaster at the level of the High School and Principal at the level of the Intermediate section. The Intermediate section is not aided although upto the High School the Institution is aided. Learned Senior Counsel appearing for the petitioner further submits that Headmaster signature has already been attested by the District Inspector of Schools as well as the signature of the Principal of the Intermediate College has already been attested. The petitioner has preferred representation to the Joint Director of Education (Secondary), Kanpur Region, Kanpur that only Principal be permitted to continue in the Institution after up-gradation of the Institution. The aforesaid matter was referred by the Joint Director of Education (Secondary), Kanpur Region, Kanpur to the District Inspector of Schools although the power is vested with the Joint Director of Education (Secondary), Kanpur Region, Kanpur. Learned Senior Counsel appearing for the petitioner further submits that District Inspector of Schools instead of deciding the matter on merits have taken objection with regard to working of the Principal of the Institution and thereafter has directed that proposal be sent by the Management for appointment of second senior most teacher of High School as the Principal. Learned Senior Counsel appearing for the petitioner further submits that appointment of the Principal of the Institution has not been addressed. It is submitted that at the first instance the aforesaid issue is required to be addressed.
2. Learned Standing Counsel for the respondent-State has relied upon Chapter II Regulation 2 of the Intermediate Education Act, 1921 to submit that issue with regard to up-gradation of the Institution is required to be taken according to Regulation 2 of the aforesaid Act and the Joint Director of Education (Secondary), Kanpur Region, Kanpur is the party to decide the same.
3. In view of the aforesaid, let the matter be decided by the Joint Director of Education (Secondary), Kanpur Region, Kanpur within a period of one month from the date of production of certified copy of this order after giving opportunity of hearing to the parties concerned.
4. Till the decision is taken by the Joint Director of Education (Secondary), Kanpur Region, Kanpur, the order dated 23.04.2025 passed by District Inspector of Schools, Etawah - respondent no. 2 shall be kept in abeyance.
5. With the aforesaid observation/direction, the writ petition stands disposed of.
Order Date :- 2.5.2025 VMA