COMMITTEE OF MANAGEMENT LALA LAJPAT RAI KANYA INTER COLLEGE, DANKAUR v. STATE OF U.P. AND 2 OTHERS
WRIA/1669/2025 · 2025-02-11
Saurabh Shyam Shamshery
body2025
DailyLaw.ai
[ 2025 DAILYLAW 14872 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 14872 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:19546 Court No. - 10 Case :- WRIT - A No. - 1669 of 2025 Petitioner :- Committee Of Management Lala Lajpat Rai Kanya Inter College, Dankaur Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Bajrang Bahadur Singh,Satya Prakash Singh,Sr. Advocate Counsel for Respondent :- Adarsh Singh,C.S.C.,Indra Raj Singh Hon'ble Saurabh Shyam Shamshery,J. The present writ petition is filed by Committee of Management through its Manager, Sri Jitendra Kumar Bhati, accompanied by an affidavit of Ravindra Kumar, Assistant Clerk of petitioner. At the outset, Sri Indra Raj Singh, learned counsel for respondent No.3 has made a preliminary objection that the said affidavit is not accompanied by any resolution as well as there are certain information which could not be considered as personal knowledge of the deponent, considering that challengew before this Court is the matter arising out of a disciplinary proceedings against Principal of said institution and he has referred an order passed by this Court in case of Dr. Mithilesh Gautam Vs. State of U.P. and 2 others, 2024:AHC:36194. Sri R.K. Ojha, learned Senior Counsel assisted by Sri Satya Prakash Singh, learned counsel for petitioner fairly submits that a resolution of Committee of Management ought to have been filed along with present writ petition and he submits that a supplementary is being prepared annexing the resolution passed in favour of deponent to file an affidavit in support of present writ petition. The said resolution is dated 17.01.2025, whereas affidavit is being sworn on 29.01.2025 i.e. thereafter. In the aforesaid circumstances, the Court is not going into other
contentions so far as whether the declaration made in the affidavit about personal knowledge of deponent of some paragraphs were correct or not and it is ignored due to a fact that the Court has considered the matter on merit and finds the reasons assigned by DIOS in the impugned order are not accompanied by requisite reasons as to how direction given by this Court in earlier round of litigation was not complied with and if the procedure was not correct at particular stage, the
order ought to be carry forwarded to disciplinary proceeding from that stage Therefore, the impugned order in its present form does not survive, accordingly, it is set aside and matter is remitted to DIOS to pass fresh order and an opportunity be given to parties for hearing which may be limited to a written reply and fresh
order be passed within two weeks thereafter. The deponent is put on caution that he has to file a correct affidavit rather the Committee of Management ought to have authorized other responsible person to sworn the affidavit i.e. the Manager. Accordingly, writ petition is disposed of with aforesaid observation.
Order Date :- 11.2.2025 P. Pandey Digitally signed by :- PUSHPENDRA PANDEY High Court of Judicature at Allahabad