SAINIK MAHAVIDYALAYA, MAI DEVKALI, HANUMANGANJ v. STATE OF U.P. AND 2 OTHERS
WRIC/11373/2025 · 2025-04-16
Prakash Padia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 42722 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 42722 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:56704 Court No. - 33 Case :- WRIT - C No. - 11373 of 2025 Petitioner :- Sainik Mahavidyalaya, Mai Devkali, Hanumanganj Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vikrant Pandey,Vivek Tiwari Counsel for Respondent :- C.S.C.,Pratik Chandra Hon'ble Prakash Padia,J.
1. The order dated 17.03.2025 passed by the respondent no.3-Examination Controller, Professor Rajendra Singh (Rajju Bhaiya) University, Prayagraj is under challenge in the present writ petition. By the aforesaid order, petitioner's institution was debarred to became examination centre for three years.
2. The facts in brief as contained in the writ petition are that a show cause notice dated 13.11.2024 was issued by the respondent no.3 to the petitioner. Reply to the same was given by him on 16.11.2024, thereafter, order impugned has been passed. It is clear from perusal of the order impugned that the same has been passed without considering reply submitted by the petitioner. It is settled law that before passing any order having civil consequences opportunity of hearing should be provided.
3. In so far as present case is concerned, nothing has been stated that the order by which petitioner's institution was debarred for a period of three years and the impugned order is absolutely without application of mind. Only after quoting the averments of the show cause notice a decision has been taken. The reply submitted by the petitioner was also not taken into consideration.
4. This fact is also admitted by the counsel for the respondent-University on the basis of instructions received over telephone.
5. In this view of the matter, the Court is of the opinion that order impugned is per- se illegal and has been passed in violation of principles of natural justice.
6. In view of the same, the order dated 17.03.2025 passed by the respondent no.3- Examination Controller, Professor Rajendra Singh (Rajju Bhaiya) University, Prayagraj is liable to be set aside and the same is hereby set aside.
7. The writ petition is allowed. However, respondent no.3 is free to pass fresh order in accordance with law. Order Date :- 17.4.2025 Pramod Tripathi Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad