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Neutral Citation No. - 2025:AHC:109128-DB Chief Justice's Court Case :- SPECIAL APPEAL No. - 371 of 2025 Appellant :- Raj English School Respondent :- Union of India and 3 others Counsel for Appellant :- Chhaya Gupta, Sujeet Kumar Counsel for Respondent :- A.S.G.I., Alok Tiwari, Prem Narayan Rai Hon'ble Arun Bhansali, Chief Justice Hon'ble Kshitij Shailendra, J.
1. This appeal is directed against order dated 21.04.2025 passed by learned Single Judge in Writ C No. 11846 of 2025 whereby the writ petition filed by the appellant against the order dated 9.04.2025 passed by respondent no.3, has been disposed of on account of availability of statutory remedy of appeal against the impugned order.
2. When the matter came up before the Court on 5.05.2025, counsel for the respondent-Board was directed to place on record the material to indicate that the order dated 09.04.2025 was passed by the Chairman as directed by the Court.
3. Material has been produced.
4. A perusal of the Affiliation Bye Laws 2018 of Central Board of Secondary Education reveals that under Clause 13.10, there is only a provision of sending representation against the order of the Board imposing penalty.
5. Admittedly, under the directions of this Court in the earlier writ petition filed, the petitioner has already made a representation based on which, the order impugned dated 09.04.2025 has been passed granting partial relief to the petitioner.
6. In view thereof, the plea raised regarding the availability of statutory remedy of appeal and passing of the order by the learned Single Judge on the said plea disposing of the writ petition, permitting the petitioner to prefer an appeal, cannot be sustained.
7. Consequently, the appeal is allowed.
8. The order dated 21.04.2025 passed in Writ C no. 11846 of 2025 is set aside. The matter is remanded back to the learned Single Judge for decision on merits.
9. The matter shall be listed before the learned Single Judge on 16.07.2025 as fresh. Order Date :- 9.7.2025 Sandeep/NSC (Kshitij Shailendra, J) (Arun Bhansali, CJ) Digitally signed by :- SANDEEP KUMAR High Court of Judicature at Allahabad