Neutral Citation No. - 2025:AHC-LKO:34994 Court No. - 4 Case :- WRIT - C No. - 5705 of 2025 Petitioner :- C/M Baba Prem Das Junior High School Thru. Manger Harish Chandra Yadav And Another Respondent :- State Of U.P. Thru. Prin. Secy. Basic Edu. Lko And 5 Others Counsel for Petitioner :- Atul Kumar Dwivedi Counsel for Respondent :- C.S.C.,Hari Prakash Yadav Hon'ble Jaspreet Singh,J. This matter has been placed before the Court in pursuance of the permission granted by Hon'ble the Senior Vacation Judge. Heard learned counsel for the petitioner. Notice on behalf of respondent nos. 1 to 5 has been accepted by the office of the learned Chief Standing Counsel. Sri Hari Prakash Yadav, learned counsel has accepted notice on behalf of respondent no. 6 on caveat. The learned counsel for the petitioner has filed a supplementary affidavit which is taken on record. By means of the instant petition, the petitioner seeks quashing of the order dated 16.05.2025 passed by the respondent no. 3 whereby the institution has been put under the control of an Authorized Controller. At this stage, the solitary submission made by learned counsel for the petitioner is that in pursuance of notice dated 09th April, 2025, the petitioners had furnished his reply on 17.04.2025 enclosing therein the necessary documents including the details of the elections held on 23rd October, 2024, however, while considering the aforesaid, the respondent no. 3 has completely misread the reply. It is urged that in the reply, it was categorically stated that the elections were held on 23.10.2024 and in pursuance whereof the petitioner no. 2 was elected as the Manager. The said details have also been submitted before the Deputy Registrar, Societies, Chits and Funds, apart from the fact that there is no litigation whereby the elections of the petitioner-institution is under challenge but ignoring the same and without according any reasons, the order impugned dated 16.05.2025 has been passed. It has also been pointed out that while passing the impugned order, the respondent no. 3 has taken note of certain facts which were neither available before him nor there was any material upon which he could cast an aspersions on the elections of the petitioners-institution held on 23.10.2024, thus, the order impugned is per se arbitrary and suffers from the vice of colourable exercise of the powers, accordingly, deserves to be set aside. Sri Amrendra Bharti, learned counsel appearing under the Authority of Sri Hari Prakash Yadav, learned counsel for the private respondent no. 6 has disputed the aforesaid submissions, however, he could not dispute the fact that once the petitioners had submitted his detailed response on 17.04.2025 and a reference of the same is also mentioned in the impugned order, however, noticing the discrepancies in the order, it could not be justified as to under what apprehension, certain observations have been made which were neither the part of the response furnished by the petitioners nor there was any contrary material before the Authority concerned. Considering the aforesaid as well as noticing the fact that the response of the petitioners dated 17.04.2025 has not been appropriately considered rather if the order dated 16th May, 2025 is perused, it would indicate that there are factual discrepancies as well as the inference drawn by the respondent no. 3 is also contrary to the record, thus, renders the order passed as non-speaking. In view of the aforesaid, this Court with the consent of the learned counsel for the parties sets aside the order dated 16th May, 2025 passed by the Assistant Director (Basic Education), Ayodhya Division, Ayodhya i.e. the respondent no. 3 remitting the matter to the respondent no. 3 who shall after affording an opportunity of hearing to the parties concerned and taking note of the material furnished by the petitioners including his response dated 17.04.2025 shall re-visit the order impugned and shall decide the same afresh. With the aforesaid, the petition is allowed. The impugned order stands set aside. Costs are made easy. An endevour be made by the respondent no. 3 to decide the matter within a period of 4 weeks from the date, a copy of this order is placed before the Authority concerned. Order Date :- 6.6.2025 Asheesh/- Digitally signed by :- HARSHITA High Court of Judicature at Allahabad, Lucknow Bench