Neutral Citation No. - 2025:AHC:50369-DB Court No. - 39 Case :- SPECIAL APPEAL No. - 104 of 2025 Appellant :- Committee Of Management, Sri Durga Inter College And Another Respondent :- State Of U.P. 4 Others Counsel for Appellant :- Abhai Kumar Singh Counsel for Respondent :- C.S.C.,Ramesh Singh Kushwaha Hon'ble Siddhartha Varma,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. 1. Heard learned counsel for the parties. 2. The instant special appeal has been filed against the judgment and order dated 27.01.2025 passed by the learned single Judge in Writ-A No.1101 of 2025 (Bansh Narayan Singh Vs. State of UP and others). 3. The petitioner had filed the writ petition with a prayer that the respondent authorities be directed to ensure that the petitioner therein may join his duties on the post of officiating Principal of Sri Durga Intermediate College, Khutahi, District Kushinagar. 4. When the writ petition was heard as a fresh case, learned Single Judge on 27.01.2025, after only referring to the letter dated 09.09.2024 of the District Inspector of Schools had directed the Committee of Management of the college concerned to ensure joining of the petitioner on the post of officiating Principal. It was however observed that if there was any legal impediment, the same would be communicated to the petitioner. 5. Learned counsel for the appellants who are the Committee of Management, essentially argued that when the order dated 27.01.2025 was passed, the Committee of Management was not heard. 6. Learned counsel appearing for respondent no.5 could not dispute this fact. He in fact stated that the impugned order be set aside and the matter be remitted back to the learned single Judge for a fresh hearing after giving due opportunity of hearing to the appellants-Committee of Management. 7. Having heard learned counsel for the appellants and in view of the submissions made by learned counsel for the respondent no.5, we are of the view that the order dated 27.01.2025 cannot be sustained in the eyes of law. It is accordingly set aside. The matter is remitted back to the learned single Judge. The writ petition is restored to its original number and shall be heard and decided afresh after giving due opportunity to the parties. 8. With these observations, the special appeal stands allowed. Order Date :- 8.4.2025 Shahroz (Dr. Y.K. Srivastava,J.) (Siddhartha Varma,J.) Digitally signed by :- SHAHROJ ALAM High Court of Judicature at Allahabad