COMMITTEE OF MANAGEMENT OF SWAMI VIVEKANAND INTER COLLEGE HYDERABAD v. STATE OF U.P. AND 2 OTHERS
WRIC/15232/2025 · 2025-05-14
Saral Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 57521 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 57521 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:80369 Court No. - 32 Case :- WRIT - C No. - 15232 of 2025 Petitioner :- Committee Of Management Of Swami Vivekanand Inter College Hyderabad Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajiv Kumar Mishra,Satyendra Kumar Mishra Counsel for Petitioner :- C.S.C. Hon'ble Saral Srivastava,J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
2. The petitioner by means of the present writ petition has assailed the order dated 01.05.2025 passed by the respondent no.2-District Inspector of Schools, Azamgarh whereby he has recommended withdrawal of recognition of petitioner's College namely, 'Swami Vivekanand Inter College, Hyderabad, Sagrai, District Azamgarh'
3. Challenging the aforesaid order, learned counsel for the petitioner has contended that withdrawal of recognition of petitioner's College has been made without application of mind.
4. Be that as it may, by the impugned order, the District Inspector of Schools, Azamgarh has only recommended for withdrawal of recognition of the College, and it is always open to the petitioner to appear before the Additional Secretary, Department of Education, Lucknow to contest the recommendation of the withdrawal of recognition by filing sufficient evidence that recommendation of withdrawal of recognition is bad.
5. Since, impugned order has only recommended for withdrawal of recognition, and petitioner can always rebut the allegation made in the order dated 01.05.2025, therefore, this Court is not inclined to interfere with the impugned order dated 01.05.2025.
6. Accordingly, writ petition lacks merit and is hereby dismissed with no order as to costs.
7. However, it is expect from the respondent no.1-Secretary,
Department
of
Education,
Government
of
U.P., Lucknow/competent authority to provide due notice and opportunity of hearing to the petitioner before taking any final decision on the recommendation of the District Inspector of Schools dated 01.05.2025 for withdrawing affiliation of the College. Order Date :- 15.5.2025 Sattyarth Digitally signed by :- SATTYARTH ANAND High Court of Judicature at Allahabad