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2025 DAILYLAW 32508 (ALL)

COMMITTEE OF MANAGEMENT LALA RAMLAL AGARWAL INTER COLLEGE SIRSA, PRAYAGRAJ AND ANOTHER v. DISTRICT INSPECTOR OF SCHOOLS PRAYAGRAJ AND 2 OTHERS

WRIA/3750/2025 · 2025-04-23

Vikram D Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:63145 Court No. - 7 Case :- WRIT - A No. - 3750 of 2025 Petitioner :- Committee Of Management Lala Ramlal Agarwal Inter College Sirsa, Prayagraj And Another Respondent :- District Inspector Of Schools Prayagraj And 2 Others Counsel for Petitioner :- Adarsh Singh,Indra Raj Singh Counsel for Respondent :- C.S.C.,Dalvir Singh Hon'ble Vikram D. Chauhan,J. 1. Heard learned counsel for the petitioner, learned counsel for respondent no.3 and learned Standing Counsel for the State. 2. The writ petition is filed with the following prayer: "i. Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 22.02.2025, passed by the Respondent no.1-District Inspector of Schools, Prayagraj, (Annexure No.1 to this writ petition). ii. Issue a writ, order or direction in the nature of mandamus, commanding the Respondent no.1-District Inspector of Schools, Prayagraj to consider the claim of the petitioners for grant of approval to the suspension of Respondent no.3, within stipulated period, as may be fixed by this Hon'ble Court." 3. It is submitted by learned counsel for petitioner that petitioner is Committee of Management and private-respondent, who was working as Officiating Principal of institution was placed under suspension. The suspension order was sent to District Inspector of Schools, Prayagraj for approval, however, without granting any opportunity of hearing to petitioner, nor recording any finding as to why suspension order be not approved, the impugned order has been passed. Learned counsel for petitioner submits that perusal of impugned order would go to show that provisions of law with regard to suspension and approval have been quoted in the impugned order and thereafter, it has been stated that procedure prescribed under law has not been followed. Learned counsel for petitioner submits that as to what procedure has not been followed has not been stated in the impugned order nor the impugned order provides any opportunity of hearing to petitioner. Learned counsel for petitioner submits that impugned order is laconic and as such, is liable to be set aside. 4. Learned counsel for respondent no.3 and learned Standing Counsel could not show from the impugned order as to finding, which part of procedure has not been followed by the petitioner at this stage. 5. Learned counsel for the parties agree that the impugned order may be set aside and the matter may be remanded back to District Inspector of Schools, Prayagraj for decision afresh. 6. In view of aforesaid, the impugned order dated 22.2.2025 passed by District Inspector of Schools, Prayagraj is set aside and the matter is remanded back to District Inspector of Schools, Prayagraj for decision afresh within a period of one month from the date of production of certified copy of this order. The District Inspector of Schools prior to passing of impugned order shall give an opportunity of hearing to petitioner as well as respondent no.3 and thereafter, proceed to pass order in accordance with law. 7. Accordingly, the writ petition is allowed. Order Date :- 24.4.2025 D. Tamang Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad