COMMITTEE OF MANAGEMENT OF JAIBUNNISHA NISWAN ISLAMIA JUNIOR HIGH SCHOOL AND ANOTHER v. STATE OF U.P. AND 3 OTHERS
WRIC/13108/2025 · 2025-05-14
Saral Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 50235 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 50235 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:80365 Court No. - 32 Case :- WRIT - C No. - 13108 of 2025 Petitioner :- Committee Of Management Of Jaibunnisha Niswan Islamia Junior High School And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Om Prakash Ojha,Samarath Singh,Sr. Advocate Counsel for Respondent :- C.S.C.,Pradeep Singh Sengar Hon'ble Saral Srivastava,J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for the respondents.
2. The petitioner by means of the present writ petitioner has assailed the order dated 11.04.2025 passed by the respondent no.2- Assistant Director of Education (Basic), Azamgarh Region, Azamgarh.
3. Challenging the impugned order, learned counsel for the petitioner has contended that the finding recorded in the impugned
order that the petitioner despite service of show cause notice did not submit any reply is perverse and against the record, inasmuch the petitioner has submitted a detailed reply on 05.04.2025, copy of which is enclosed as Annexure-12 to the writ petition. It is submitted that the reply was sent through registered post, and it is evident from track consignment report that the item delivery is confirmed. Accordingly, it is submitted that the finding recorded by the Assistant Director of Education (Basic) Azamgarh Region, Azamgarh is perverse.
4. From the impugned order, it appears that the show cause notice was issued on 22.03.2015 calling upon the petitioner to show
cause within a period of 15 days. However, thereafter, the Assistant Director of Education (Basic), Azamgarh Region, Azamgarh has passed the impugned order without affording any further opportunity of hearing to the petitioner. The impugned
order reflects that reasonable opportunity of hearing was not afforded to the petitioner before passing the impugned order.
5. In such view of the fact, the writ petition is disposed off permitting the petitioner to file a detailed representation before the respondent no.2-Assistant Director of Education (Basic), Azamgarh Region, Azamgarh against the show cause notice dated 22.09.2025 as well as against the impugned order dated 11.04.2025 within a period of one month from today.
6. In case, any such representation is filed by the petitioner, the respondent no.2-Assistant Director of Education (Basic), Azamgarh Region, Azamgarh is directed to consider and decide the said representation of the petitioner strictly in accordance with law after giving due notice and opportunity of hearing to all the concerned parties within a period of two months from the date he receives representation of the petitioner.
7. For a period of four months or till the decision on the representation of the petitioner by the Assistant Director of Education (Basic), Azamgarh Region, Azamgarh, whichever is earlier, the effect and operation of the impugned order dated 11.04.2025 passed by the respondent no.2-Assistant Director of Education (Basic), Azamgarh Region, Azamgarh shall remain stayed.
Order Date :- 15.5.2025 NS Digitally signed by :- NITIN KUMAR High Court of Judicature at Allahabad