Neutral Citation No. - 2025:AHC:145255 Court No. - 38 Case :- WRIT - A No. - 55787 of 2017 Petitioner :- Atul Kumar Pandey Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Arun Bhanu Shukla,Lalit Kumar Pandey,Nalinish,Navin Kumar Sharma,Pankaj Kumar Rai,Shailesh Upadhyay Counsel for Respondent :- C.S.C.,Mahendra Shukla Hon'ble Donadi Ramesh,J. Re: Civil Misc. Impleadment Application No. 25 of 2025 1. Heard Sri R.K. Ojha, learned Senior Counsel appearing for the petitioner and Sri Ramesh Rai, learned counsel for proposed respondent. 2. After hearing, it come to the notice of Court that proposed respondent has also approached this Court in a separate writ petition, which is pending, hence, there is no interest to implead the proposed respondent as party to this writ petition. 3. Accordingly, the impleadment application is rejected. Re: Writ Petition 1. The petitioner, who is headmaster/principal of respondent no.5-institution. Aggrieved by the order dated 10.10.2017 passed by Director of Education, Lucknow, he filed the present writ petition. 2. The grievance of the petitioner is that as per the Government Order dated 11th August, 2015, all 77 Sanskrit institutions were admitted into grant-in-aid. The respondent no.5-institution is one amongst them and for the post of headmaster/principal, Atul Kumar Pandey, the petitioner, was also admitted into grant-in-aid vide order dated 22.03.2016. 3. As per the writ petition filed by Santosh Prasad Upadhyay for consideration of his case to admit into grant-in-aid, wherein Joint Director of Education, Azamgarh Region, Azamgarh, the respondent no.3, has conducted certain inquiry with regard to the institution and submitted a report on 25.02.2017. Based on the said report, the second respondent has straightway passed the impugned order on 10.10.2017 withdrawing the approval granted on 22.03.2016 in favour of the petitioner. 4. Learned Senior Counsel appearing for the petitioner has contended that based on the allegations made in the report by respondent no.3 that the petitioner has worked as manager/secretary and also headmaster of the respondent no.5- institution from 22.8.2010 to 3.10.2015. In view of concealment of fact, the respondent no.3 has granted for withdrawal of grant- in-aid in favour of the petitioner. But surprisingly, respondent no. 2 has passed the present impugned order without providing any opportunity straightway has withdrawn the benefit granted to the petitioner. Hence, the impugned order is not only contrary to the principle of natural justice but also contrary to record. To substantiate his contention, he has relied on the reply submitted by the Assistant Registrar (Firms, Societies and Chits) on 25.02.2017, which was taken into consideration by respondent no.3 in his report. 5. Though, respondents have filed their counter affidavit, but there is no mention about compliance of principles of natural justice. As per the report submitted by Joint Director of Education on 25.02.2017 and based on the material fact in the writ petition as the petitioner has concealed his working as secretary/manager and also headmaster, the sanction granted in favour of the petitioner has been withdrawn. 6. On perusal of the averments made in the counter affidavit and after hearing learned Senior Counsel for the petitioner as contended by him, based on the report submitted by respondent no.3, respondent no.2 has passed the impugned order, which is a clear violation of principles of natural justice. 7. Considering the submissions made by leaned Senior Counsel appearing for the petitioner and also perusal of the record, it is contrary to the law laid down by the Apex Court, once after obtaining any inquiry report, opportunity has to be provided to the affected person, but in the instant case, no such opportunity has been provided. 8. Accordingly, the impugned order dated 10.10.2017 is set aside for violation of principles of natural justice. The writ petition is allowed. Order Date :- 21.8.2025 Noman (Donadi Ramesh, J.) Digitally signed by :- NOMAN AHMAD High Court of Judicature at Allahabad