C/M GRAMIN ADARSH JANTA VIDYALAY HARDOI THRU. MANAGER AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. BASIC EDUCATION DEPTT. LKO. AND 5 OTHERS
/7308/2025 · 2025-08-04
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 154958 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 154958 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:45057 Court No. - 6 Case :- WRIT - C No. - 7308 of 2025 Petitioner :- C/M Gramin Adarsh Janta Vidyalay Hardoi Thru. Manager And Another Respondent :- State Of U.P. Thru. Addl. Chief Secy. Basic Education Deptt. Lko. And 5 Others Counsel for Petitioner :- Pawan Kumar Pandey,O.P. Tiwari Counsel for Respondent :- C.S.C.,Rakesh Kumar Agarwal,Saksham Agarwal Hon'ble Pankaj Bhatia,J.
1. Supplementary affidavit, filed by learned counsel for the petitioners, is taken on record. 2. Heard learned counsel for the petitioners, Shri Saksham Agarwal, learned counsel for caveator as well as learned Standing Counsel for the State-respondent(s) and perused the material brought on record. 3. The present petition has been filed by the petitioners challenging the order dated 19.07.2025, whereby the Authorized Controller has been appointed, the order indicates that the show cause notice was served, to which, no reply has been filed, while passing the order, three reasonings were recorded, first is that, despite directions, one of the headmasters was not permitted to join, the second reasoning was that, no reply was given to the show cause notice and, thus, the order impugned came to be passed. 4. The submission of learned counsel for the petitioners is that, the show cause notice, referred to in the order impugned, was sent on 05.07.2025, but was actually served on 24.07.2025 as per the tracking report filed along with the supplementary affidavit, whereas the order impugned has been passed given prior to the date of service of show cause notice i.e. 19.07.2025. It is further stated that, the reason no.1 with regard to non- joining of the headmaster, has already been termed after the passing of the order dated 19.07.2025 and Shri Vivek Tiwari has been permitted to join by the Authorized Controller and he is said to be working. 5. Findings the order impugned dated 19.07.2025, primafacie without, service of show cause notice, the same cannot be sustained and is set-aside with liberty to the respondent to pass
a fresh order, if so advised, in accordance with law. 6. . The petition stands disposed of with the aforesid directions. 7. The issue with regard to lack of jurisdiction is not being gone into in view of the fact that the order impugned is being set- aside finding the same to be in violation of principle of natural justice. 8.
In case, any fresh order is passed, the petitioner would be at liberty to challenge the same and by all means he would also be entitled to take all the grounds in the same. Order Date :- 4.8.2025 Praveen Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad, Lucknow Bench