Neutral Citation No. - 2025:AHC:19282 Court No. - 10 Case :- WRIT - A No. - 45292 of 2014 Petitioner :- St. Clare S Senior Secondary School Respondent :- Union Of India And 9 Ors Counsel for Petitioner :- Priyansh,Sanjiv Singh(Senior Adv.) Counsel for Respondent :- A.S.G.I.,Ashish Kaushik,P N Ojha,S.C.,S.D. Sharma,Vikas Tiwari And Case :- WRIT - A No. - 40834 of 2014 Petitioner :- St. Cleare S Senior Secondary School Respondent :- Union Of India And 9 Others Counsel for Petitioner :- Priyansh,Sanjiv Singh(Senior Adv.) Counsel for Respondent :- A.S.G.I.,Ishan Shishu,S.C.,S.P. Sharma Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Mr. Sanjiv Singh, learned Senior Counsel assisted by Mr. Priyansh, learned counsel for petitioner. 2. The petitioner before this Court is a minority institution namely St. Clare's Senior Secondary School 118, Prithvi Raj Road Agra Cantt. 3. At the first instance the petitioner has approached this Court by way of filing Writ-A No. 40834 of 2014 wherein an order dated 23.07.2014 was impugned. 4. Learned Senior Counsel has referred the order dated 23.07.2014 whereby termination order of teachers were set aside and it was directed to reinstate them with an opportunity to conduct a fresh disciplinary proceedings as per Affiliation Bye-Laws of CBSE. However, he submits that this Court, by an order dated 11.08.2014, passed in Writ-A No. 40834 of 2014, has stayed the aforesaid order and for reference the same is reproduced hereinafter:- "Sri S.P. Sharma received notice on behalf of respondents no. 2 and 3. Issue notice to the respondents no. 4 to 10, returnable by 7th October, 2014. The notice will indicate that the respondents may file their counter affidavit on or before the said date. Rest of the respondents may also file counter affidavit within the said period. It is contended by learned counsel for the petitioner that there are several charges of misconduct against the respondents teachers. They were subjected to the disciplinary proceedings, wherein they were given full opportunity. The Inquiry Officers have submitted their report. In the enquiry report charges against the teachers have been found to be proved. The management has considered the enquiry report and accepted the recommendations, accordingly their services have been terminated. It appears that aggrieved by the order of their termination, the respondents have preferred some representation before the Central Board of Secondary Education and a notice was issued to the petitioners. It is contended that the petitioner have submitted their reply in response to the said notice but without giving any further opportunity, the impugned order of the reinstatement of the respondents 1 to 11 have been passed. Learned counsel for the petitioner Sri Sanjiv Singh relies on a judgment reported in the case of Mrs. Satimbla Sharma and Ors. Vs. St. Paul's Senior Secondary School reported in AIR 2011 SC (6) 2926 and in the case of Secretary Malan Kara Syrian Catholic College Vs. T. Jose and Ors. reported in AIR 2007 (2) SC 570. Learned counsel for the petitioner has taken the court to the enquiry reports in respect of some of the employees, which have been brought on the record. Having considered the facts and circumstances of the case, the matter needs consideration. List this case on 8th October, 2014. Till the next date of listing, the effect and operation of the order dated 23rd July, 2014, shall remain stayed. " 5. He further submits that despite the aforesaid order was passed, in the presence of the counsel for the CBSE, it was not brought into the notice that prior to it, by an order dated 04.08.2014, case of each teacher was considered and it was directed that an opportunity of hearing be granted to them. 6. The aforesaid order, dated 04.08.2014 is being challenged in Writ-A No. 45292 of 2014 in which an interim order, dated 10.12.2014, was granted by which order dated 04.08.2014 was kept in abeyance till 12.01.2015 and said interim order was extended thereafter also. These petitions are pending for last more than a decade. 7. Learned Senior Counsel further submits that due procedure was adopted against the contesting private respondents i.e. the teachers and adverse orders were passed, however, the CBSE without any jurisdiction has interfered under the threat of disaffiliation, without giving any opportunity of hearing to the petitioner, even no notice was issued. 8. Paragraph no. 33 of counter affidavit, filed by the CBSE, appears to be relevant and the same is reproduced hereinafter:- "That the contents of paragraph nos. 36, 37 and 38 of the Writ Petition are not admitted as stated. It is, however submitted that the School being managed from their own resources is affiliated under Affiliation Bye-Laws and provisions of rule are applicable even being minority institution. It is further stated that the School has been provided ample opportunity and even the order impugned povides an opportunity to the School" 9. I have considered the above submissions and even in the absence of the counsel for CBSE the Court is of the considered opinion that since these petitions are pending for last more than a decade and impugned order in both the writ petitions have been stayed and it appears that no proper opportunity of hearing was granted to the petitioner i.e. the minority institution, therefore, instead of keeping these petitions pending the Court is of the considered opinion that these writ petitions can be disposed of with following observations:- i. The orders, dated 23.07.2014 and 04.08.2014, impugned in Writ-A No. 40834 of 2014 and Writ- A No. 45292 of 2014 respectively are set aside and the matter is remitted back to CBSE to pass fresh orders after giving an opportunity of hearing to concerned parties by issuing a fresh notice. ii. The aforesaid exercise shall be concluded within a period of six months. 10. Registrar (Compliance) to take steps. Order Date :- 10.2.2025 Saurabh Digitally signed by :- SAURABH High Court of Judicature at Allahabad