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2025 DAILYLAW 175972 (ALL)

SCHOOL EXECUTIVE BODY OF UNITY PUBLIC SCHOOL THRU. DIRECTOR/MANAGING TRUSTEE MOHD.QASIM KHAN v. STATE OF U.P. THRU. ITS PRIN. SECY./ADDL. CHIEF SECY. BASIC EDUCATION LKO. AND 5 OTHERS

WRIC/11838/2025 · 2025-12-05

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11838 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Karunakar Srivastava, the learned counsel for the petitioners, Sri S.K. Khare, the learned Standing Counsel appearing on behalf of the opposite parties no.1, 2 and 5, Dr. Uday Veer Singh, the learned counsel for the opposite parties no.3, 4 and 6 and perused the records. 2. By means of the instant petition filed under Article 226 of the Constitution of India the petitioner has challenged the validity of an order dated 23.09.2025, passed by the District Basic Education Officer, Gonda rejecting the petitioners' application for recommendation of the Unity Public Primary School (Classes 1 to 5). 3. The learned counsel for the petitioner has submitted that the impugned order is an unreasoned order as it is not sustainable in law. 4. The learned counsel for the petitioner has submitted that the petitioner had delivered a legal notice through counsel in response to which the District Basic Education Officer has written a letter dated 15.11.2025 (Annexure No.12 to the petition) informing his objection against the petitioner's application and stating that the Versus Counsel for Petitioner(s) : Karunakar Srivastava, Shiv Sinha Counsel for Respondent(s) : C.S.C., Uday Veer Singh School Executive Body Of Unity Public School Thru. Director/Managing Trustee Mohd.Qasim Khan .....Petitioner(s) State Of U.P. Thru. Its Prin. Secy./Addl. Chief Secy. Basic Education Lko. And 5 Others .....Respondent(s) petitioner may submit a fresh application for recommendation. 5. The learned counsel for the opposite parties have opposed the writ petition but they could not justify the rejection of the petitioner's application by an unreasoned order. The reasons are the soul of any order which enables a court to examine the validity of an order. Where no reasons have been assigned while rejecting the petitioner's application for recommendation of the primary school, the order is unsustainable in law. 6. Accordingly, the writ petition is allowed. The order dated 23.09.2025, passed by the District Basic Education Officer, Gonda rejecting the petitioner's application for recommendation of the primary school is hereby quashed. The matter is remanded to the District Basic Education Officer, Gonda for taking a fresh decision after giving adequate opportunity of hearing to the petitioner and taking into consideration the material submitted by it for removal of objections against the application in accordance with law expeditiously. In case any further deficiency is informed by the opposite party no.3, the petitioner will be given an opportunity to remove the same. December 5, 2025 Ram. WRIC No. 11838 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench