COMMITTEE OF MANAGEMENT BNPODDAR INTER COLLEGE v. STATE OF U.P. AND 2 OTHERS
WRIA/4667/2025 · 2025-04-14
Vikram D Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 40367 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 40367 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:54388 Court No. - 7 Case :- WRIT - A No. - 4667 of 2025 Petitioner :- Committee Of Management Bnpoddar Inter College Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vinod Kumar Singh Counsel for Respondent :- C.S.C.,Rajesh Kumar,Saurabh Yadav And Case :- WRIT - A No. - 4197 of 2025 Petitioner :- Smt. Kavita Pippal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Nikhil Kumar,Rajesh Kumar Counsel for Respondent :- Vinod Kumar Singh,C.S.C. Hon'ble Vikram D. Chauhan,J.
1. Learned counsel for the petitioners submits that in the present case the impugned order by which the suspension order has been disapproved is under challenge. Learned counsel for the petitioners has drawn attention of this Court to the impugned order and submits that instead of determining the validity of the suspension
order by approving or disapproving in terms of Section 16-G(7) of the U.P. Intermediate Education Act, the District Inspector of Schools had passed an order giving an opportunity to the employee for improvement. Learned counsel for the petitioners further submits that under Section 16-G(7) of the U.P. Intermediate Education Act, the only recourse available to the District Inspector of Schools is either to approve or disapprove the suspension order by considering whether the charges are serious enough to warrant suspension or whether there is any prima facie material in support of the charges.
2. Learned counsel for respondent no. 3 has also filed writ petition bearing Writ-A No. 4197 of 2025 challenging the same impugned
order. Learned counsel for respondent no. 3 further submits that while passing the impugned order, the reply of respondent no. 3 was not considered although the same was filed before the District Inspector of Schools on 7.12.2024.
3. At this stage, learned counsel for the parties agree that the
impugned order dated 17.2.2025 passed by the District Inspector of Schools, Mathura - respondent no. 2 may be set aside and the matter may be remanded back to the District Inspector Schools, Mathura - respondent no. 2 for decision afresh in accordance with law.
4. In view of the aforesaid, the impugned order dated 17.2.2025 passed by District Inspector of Schools, Mathura - respondent no. 2 is hereby set aside and the matter is remanded back to the District Inspector of Schools, Mathura - respondent no. 2 for fresh determination in accordance with law. The aforesaid exercise would be completed within a period of 30 days from the date of production of certified copy of this order. While making the fresh determination, the District Inspector of Schools, Mathura - respondent no. 2 shall fix a date and both the parties the petitioner - Committee of Management and respondent no. 3 - Smt. Kavita Pippal shall remain present on the aforesaid date. Both the parties would be heard and reply of the petitioners would be considered by the District Inspector of Schools while passing the fresh order. Till the fresh determination by the District Inspector of Schools, Mathura, Smt. Kavita Pippal will remain under suspension.
5. Accordingly, the writ petitions are allowed.
Order Date :- 15.4.2025 VMA Digitally signed by :- VISHWA MOHAN ARORA High Court of Judicature at Allahabad