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2025 DAILYLAW 140584 (ALL)

COMMITTEE OF MANAGEMENT OF SHRI PUTTU LAL MADHYAMIK VIDYALAYA THRU. MANAGER VIPIN KUMAR SHUKLA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. BASIC EDUCATION, LKO. AND 5 OTHERS

WRIC/4661/2025 · 2025-08-21

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:49003 Court No. - 6 Case :- WRIT - C No. - 4661 of 2025 Petitioner :- Committee Of Management Of Shri Puttu Lal Madhyamik Vidyalaya Thru. Manager Vipin Kumar Shukla Respondent :- State Of U.P. Thru. Addl. Chief Secy. Basic Education, Lko. And 5 Others Counsel for Petitioner :- Kaushal Kishore Tewari,Shakti Counsel for Respondent :- C.S.C. Hon'ble Pankaj Bhatia,J. 1. Supplementary affidavit, filed by learned counsel for the petitioner, is taken on record. 2. Heard learned counsels for the parties and perused the record. 3. The present writ petition has been filed by the petitioner challenging an order dated 23.04.2025, whereby, an order passed in exercise of powers conferred by virtue of Rule 25(2) of The Uttar Pradesh Recognized Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Teachers) (Seventh Amendment) Rules, 2019 (hereinafter be referred to as 'the Rules, 2019'). Rule 25(2) of The Uttar Pradesh Recognized Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Teachers) (Seventh Amendment) Rules, 2019 is quoted herein-below:- "(2) In case of Administrative irregularities that affect this provision of quality education to children, the Assistant Director, Basic with the recommendation of Basic Shiksha Adhikari may, with notice, appoint a controller by suspending this management of the aided School." 4. A bare perusal of the said rule reveals that action can be taken for withdrawal of recognition under Section 25(1) of the Rules, 2019 and steps can be taken to appoint a controller by suspending the management only in the event that there are administrative irregularities in providing quality education to the children, no such reflection is revealed from the order, clearly the order is dehors the provisions of Rule 25(2) of the Rules, 2019. 5. Learned Standing Counsel, based upon instructions, states that as, an amount was paid in excess to principal of the school and requests for being made to the management to cooperate and as they were no cooperating, the order impugned has been passed. Clearly the order impugned is dehors the rules, as such, the same cannot be sustained and is set-aside/quashed. 6. Accordingly, the petition is allowed. 7. The respondents, however, would be at liberty to take such other steps as may be prescribed in the Act or the Rules, in accordance with law. Order Date :- 21.8.2025/Praveen Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad, Lucknow Bench