Bruce Henderson vs State Of U.P. And 9 Others on 10 September, 2020
5. Committee of Management St. v. District Inspector of Schools and Others; (2001) 1 UPLBEC 487.
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Committee Of Management, St. Charles ... vs District Inspector Of Schools And Ors. on 2 November, 2000
C/M Adarsh Kanya Inter College And ... vs State Of U.P. And 4 Others on 8 August, 2023
10. Countering the said submission, Sri Gautam Baghel who appears for the delinquent in both the writ petitions has submitted that the conduct of the Committee of Management is very crucial and it denudes it from grant of any relief as according to him the suspension order as per the Committee of Management was passed on 04.01.2023, however, on 09.01.2023 as stated in para 10 of the leading writ petition the documents were transmitted by the Committee of Management before the District Inspector of Schools, Hapur a copy whereof is Annexure 3 in the leading writ petition at page 28 of the paper book, however, the said documents does not partake the character of the requirement which is to be resorted to by the Committee of Management in terms of sub-section (6) of Section 16G of the Intermediate Education Act read with the provisions contained under Regulation 39 of the Chapter III of the 1921 Act wherein there are series of documents which have to be submitted in order to facilitate the District Inspector of Schools to appropriately pass orders of approval or disapproval. Sri Gautam Baghel has relied upon the judgment in the case of Committee of Management & Others Vs. District Inspector of Schools, 1994 (1) UPLBEC 129 to buttress his submission, he further submits that even in fact on 06.03.2023 the DIOS Hapur required the Committee of Management to sent documents with regard to the approval in the matter of the suspension of the delinquent as period of 60 days stood lapsed. Sri Gautam Baghel learned counsel for the delinquent further submits that though the Board itslef is not functioning, however, he has been made a scapegoat in that regard as though he is slapped with the proposed punishment in the shape of a resolution of dispensation of services and on the other, he has not been accorded joining. Sri Gautam Baghel in his usual fairness has submitted that the order put to challenge in the present proceedings of the District Inspector of Schools, Maharajganj is not happily worded and it has not considered the core issues which would be relevant for deciding as to whether suspension is to continue or not, thus, the matter be remitted back to the District Inspector of Schools, Maharajganj to pass a fresh order with most expedition as per law within the time stipulated by this Court.
Dr. Sanjay Kumar Mishra vs State Of U.P. And 3 Others on 22 September, 2023
24. Sri Ashok Khare, learned Senior Counsel, for the writ petitioner, Dr. Sanjay Kumar Mishra, submits that in view of the Regulation 39 of Chapter III of the U.P. Intermediate Education Act, 1921, there are certain formalities which have to be fulfilled by the Committee of Management, while seeking approval for suspension, which provides for submission of relevant documents and in the present case in hand barring submission of the resolution for placing the writ petitioner, Dr. Sanjay Kumar Mishra under suspension, no other documents was submitted. He seeks to rely upon the document in the case of Committee of Management and Others vs. District Inspector of Schools, Deoria and Others, reported in (1994) 23 ALR 334.
C/M Adarsh Kanya Inter College vs State Of U.P. And 3 Others on 16 October, 2023
10. Countering the said submission, Sri Gautam Baghel who appears for the delinquent in both the writ petitions has submitted that the conduct of the Committee of Management is very crucial and it denudes it from grant of any relief as according to him the suspension order as per the Committee of Management was passed on 04.01.2023, however, on 09.01.2023 as stated in para 10 of the leading writ petition the documents were transmitted by the Committee of Management before the District Inspector of Schools, Hapur a copy whereof is Annexure 3 in the leading writ petition at page 28 of the paper book, however, the said documents does not partake the character of the requirement which is to be resorted to by the Committee of Management in terms of sub-section (6) of Section 16G of the Intermediate Education Act read with the provisions contained under Regulation 39 of the Chapter III of the 1921 Act wherein there are series of documents which have to be submitted in order to facilitate the District Inspector of Schools to appropriately pass orders of approval or disapproval. Sri Gautam Baghel has relied upon the judgment in the case of Committee of Management & Others Vs. District Inspector of Schools, 1994 (1) UPLBEC 129 to buttress his submission, he further submits that even in fact on 06.03.2023 the DIOS Hapur required the Committee of Management to sent documents with regard to the approval in the matter of the suspension of the delinquent as period of 60 days stood lapsed. Sri Gautam Baghel learned counsel for the delinquent further submits that though the Board itslef is not functioning, however, he has been made a scapegoat in that regard as though he is slapped with the proposed punishment in the shape of a resolution of dispensation of services and on the other, he has not been accorded joining. Sri Gautam Baghel in his usual fairness has submitted that the order put to challenge in the present proceedings of the District Inspector of Schools, Maharajganj is not happily worded and it has not considered the core issues which would be relevant for deciding as to whether suspension is to continue or not, thus, the matter be remitted back to the District Inspector of Schools, Maharajganj to pass a fresh order with most expedition as per law within the time stipulated by this Court.
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