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2025 DAILYLAW 36309 (ALL)

COMMITTEE OF MANAGEMENT SANATAN DHARM INTER COLLEGE AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

WRIC/9808/2025 · 2025-04-04

Saral Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:48556 Court No. - 32 Case :- WRIT - C No. - 9808 of 2025 Petitioner :- Committee Of Management Sanatan Dharm Inter College And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Prabhakar Awasthi,Shivendra Bahadur Singh Counsel for Respondent :- C.S.C. Hon'ble Saral Srivastava,J. 1. Heard Sri Prabhakar Awasthi, learned counsel for the petitioner and learned Standing Counsel for the State- respondents. 2. The petitioner by means of the present writ petition has assailed the Single Operation Order dated 07.03.2025 passed by the respondent no.4-District Inspector of Schools, Rampur. 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.33 of the writ petition. Accordingly, it is submitted that the impugned order has been passed in violation of principles of natural justice. 4. Learned Standing Counsel 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.33 of the writ petition, and learned Standing Counsel 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 07.03.2025 passed by the respondent no.4-District Inspector of Schools, Rampur is set aside and matter is remitted to the respondent no.4 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 :- 5.4.2025 Sattyarth Digitally signed by :- SATTYARTH ANAND High Court of Judicature at Allahabad