Neutral Citation No. - 2025:AHC:38445 Court No. - 32 Case :- WRIT - C No. - 6620 of 2025 Petitioner :- Committee Of Management Vishwanath Tiwari Uchchatar Madhyamik Vidyalay Neerupur Ballia And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- J.P.N. Singh Counsel for Respondent :- Ajitabh Choubey,C.S.C. Hon'ble Saral Srivastava,J. 1. Heard Sri J.P.N. Singh, learned counsel for the petitioner and learned Standing Counsel for respondents. 2. By means of the present writ petition, the petitioner has assailed the order passed by respondent no.3-District Inspector of Schools, Ballia dated 20.11.2024 of the single operation. 3. The petitioner No.1 claims to be Committee of Management of the College namely, Vishwanath Tiwari Uchchatar Madhyamik Vidyalay, Neerupur, Balllia duly recognized under Intermediate Education Act, 1921 and the petitioner No.2 is the Manager of the Committee of Management of the said College. 4. Challenging the aforesaid order, short contention advanced by learned counsel for the petitioners is that the impugned order has been passed without giving any notice and opportunity of hearing to the petitioners. It is contended that District Inspector of Schools, Ballia before passing the impugned order ought to have given notice and opportunity of hearing to the petitioners. In this respect, he has placed reliance upon judgement of this Court in the case of Committee of Management, Raja Tej Singh Vidyalaya, Aurandh, District Mainpuri and another vs. District Inspector of Schools, Mainpuri and others, (2000) 2 UPLBEC 993. 5. Per contra, learned Standing Counsel for the State respondents would contend that no notice and opportunity of hearing are required to be given inasmuch as the petitioners have committed default in making payment of salary to the teachers and in such view of the fact, there is no illegality in the impugned order. However, he does not dispute the fact that no notice and opportunity of hearing was afforded to the petitioners before passing the impugned order. 6. Be that as it may, this Court in the case of Committee of Management, Raja Tej Singh Vidyalaya, Aurandh, District Mainpuri and another (supra) has held that before passing the order of single operation, opportunity of hearing should be afforded to the concerned parties. Paragraph No.29 of the said judgment is reproduced hereinbelow: "29. The BSA had passed the order for single operation on 23rd October, 1999 under the second proviso to Section 5 of the Payment of Salary Act. This was in pursuance of some letter of the JDE dated 22.4.1999. It is admitted that neither the copy of the letter of the JDE was supplied to Sri Satya Pal Singh, nor was he heard before passing of the impugned order. He was recognised by the BSA. It is admitted that no order for single operation of accounts can be passed without giving reasonable opportunity to the Committee of Management. The order of the BSA dated 23.10.1999 for single operation is illegal. It is quashed." 7. Since admittedly in the instant case, no notice or opportunity of hearing was afforded to the petitioners before passing the impugned order by the District Inspector of Schools, Ballia, therefore, impugned order cannot be sustained in law and is accordingly set aside. The matter is remanded with liberty to District Inspector of Schools, Ballia to pass fresh order after complying with the principles of natural justice by issuing show cause notice to the petitioners and affording an opportunity of hearing to the petitioners expeditiously, preferably within a period of two months from the date of production of certified copy of this order. 8. In such view of the fact, the writ petition is allowed subject to observations made above. No order as to costs. Order Date :- 18.3.2025 NS Digitally signed by :- NITIN KUMAR High Court of Judicature at Allahabad