COMMITTEE OF MANAGEMENT HALIM MUSLIM PG COLLEGE KANPUR AND ANOTHER v. STATE OF U.P. AND 4 OTHERS
WRIC/4192/2025 · 2025-02-13
Saral Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 16554 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 16554 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:20556 Court No. - 32 Case :- WRIT - C No. - 4192 of 2025 Petitioner :- Committee Of Management Halim Muslim Pg College Kanpur And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Yogesh Kumar Saxena Counsel for Respondent :- C.S.C.,Gajendra Singh,Rohit Pandey,Vishnu Shanker Gupta Hon'ble Saral Srivastava,J.
1. Supplementary affidavit filed today in Court, is taken on record.
2. Heard Sri Yogesh Kumar Saxena, learned counsel for the petitioner and Sri Ashok Khare, learned Senior Counsel assisted by Sri Gajendra Singh, learned counsel for the respondents.
3. The petitioner by means of the present writ petition has prayed for the following relief:
"(i) issue a writ, order or direction in the nature of Certiorari to quash the impugned order dated 08.01.2025 passed by the respondent no.4. (ii) issue a writ, order or direction in the nature of mandamus directing the respondents not to interfere in the peaceful working of the petitioner as Committee of Management of the Institution. (iii) issue any other suitable writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the present case. (iv) Award the cost in favour of the petitioner."
4. Submission of learned counsel for the petitioner is that the
Order of Single Operation has been passed by respondent no.4 without giving any notice and opportunity of hearing to the petitioner. It is contended that earlier also the respondent no.4 has passed Single Operation Order which has been stayed by this court
vide order dated 02.05.2024 in Writ-C No.12827 of 2024. Accordingly, it is submitted that the impugned order is nothing, but an arbitrary exercise of power by the respondent no.4 and as such, the impugned order is not sustainable in law.
5. Learned counsel for the respondents also could not demonstrate from the impugned order that any opportunity of hearing was afforded to the petitioner before passing the impugned order. It is submitted that the Order of Single Operation is only for a period of one month for the purpose of disbursing the salary for the month of December, 2024.
6. Be that at it may, the order impugned is an ambiguous order, and it is not clear from the impugned order as to whether it has been passed only for disbursement of salary for the month of December,
2024. Further, the order impugned reveals that no opportunity of hearing was given to the petitioner by the respondent no.4 before passing the order.
7. In such view of the fact, considering the facts and circumstances of the case and without going into the merits of the case, the writ petition is being disposed off permitting the petitioner to file a detail representation before the respondent no.4-Regional Higher Education Officer, Kanpur Region, Kanpur along with a certified copy of this order against the impugned order within a period of two weeks from today. In case, any such representation is filed by the petitioner, the respondent no.4 shall consider and decide the same strictly in accordance with law by a reasoned and speaking
order within a period of three weeks thereafter after giving due notice and opportunity of hearing to all the concerned parties.
Order Date :- 13.2.2025/NS Digitally signed by :- NITIN KUMAR High Court of Judicature at Allahabad