COMMITTEE OF MANAGEMENT JANTA INTER COLLEGE KANTA AND ANOTHER v. STATE OF U.P. AND 3 OTHERS
WRIC/7211/2025 · 2025-03-19
Saral Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 28629 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 28629 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:41157 Court No. - 32 Case :- WRIT - C No. - 7211 of 2025 Petitioner :- Committee Of Management Janta Inter College Kanta And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Archana Singh,Saurabh Pratap Singh Counsel for Respondent :- C.S.C.,Kamal Nayan Tripathi,Mithlesh Kumar Maurya Hon'ble Saral Srivastava,J.
1. Heard learned counsel for the petitioner and learned counsel for the respondents.
2. The petitioner by means of the present writ petition has assailed the Single Operation Order dated 31.12.2024 passed by the respondent no.4-District Inspector of Schools, Chandauli.
3. Challenging the aforesaid order, learned counsel for the petitioner has contended that respondent no.4 while passing the impugned order has not given any notice and opportunity of hearing to the petitioner. In this respect, necessary averment has been made in paragraph no.51(II) of the writ petition. Accordingly, it is submitted that the impugned order has been passed in violation of principles of natural justice.
4. Learned counsel for the respondents though vehemently submits that the order impugned has been passed in accordance with law, but despite his best effort, he could not demonstrate from the impugned order that any notice or opportunity of hearing was given to the petitioner.
5. Since, order impugned has been passed without any notice and opportunity of hearing to the petitioner which fact is evident from paragraph no. 51(II) of the writ petition, and learned counsel for the respondents also could not demonstrate from the impugned
order that any notice or opportunity of hearing was afforded to the petitioner before passing the same, therefore, impugned order has been passed in violation of principles of natural justice and it cannot be sustained in law.
6. Consequently, the impugned order dated 31.12.2024 passed by
the respondent no.4 is set aside and matter is remitted to the respondent no.4-District Inspector of Schools, Chandauli to decide the dispute afresh in accordance with law after giving due notice and opportunity of hearing to all the concerned parties.
7. Thus, for the reasons given above, the writ petition is allowed with no order as to costs.
Order Date :- 20.3.2025 Sattyarth Digitally signed by :- SATTYARTH ANAND High Court of Judicature at Allahabad