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2025 DAILYLAW 58794 (ALL)

SURYAPAL SINGH PATEL MAHAVIDYALAYA v. STATE OF U.P. AND 2 OTHERS

SPLA/453/2025 · 2025-05-18

Anish Kumar Gupta, Manoj Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:83589-DB Court No. - 21 Case :- SPECIAL APPEAL No. - 453 of 2025 Appellant :- Suryapal Singh Patel Mahavidyalaya Respondent :- State Of U.P. And 2 Others Counsel for Appellant :- Vikrant Pandey,Vivek Tiwari Counsel for Respondent :- C.S.C.,Pratik Chandra Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. Learned counsel for the parties state that in identical facts and circumstances, an identical order passed in Writ-C No. 12602 of 2025 has been set aside in Special Appeal No. 410 of 2025 on the ground that once the Single Judge had come to the conclusion that there was violation of principles of natural justice and the order impugned in the writ petition did not contain any reason the order should have been quashed instead of providing for a post decisional hearing. They have no objection in case the present appeal is also decided in same terms. 2. The relevant part of the order of Co-ordinate Bench dated 08.05.2025, passed in Special Appeal No. 410 of 2025 is as follows: "6. The petition was filed questioning the validity of order dated 17.03.2025. Once learned Single Judge came to the conclusion that the same was passed in violation of principles of natural justice and a bare look at the said order also reveals that the same does not contain any reason despite the fact that the appellant has filed reply to the said show cause notice, the order was required to be set aside. The direction given to make a representation qua an order, which was passed in violation of principles of natural justice and did not contain any reason, would essentially amount to order a post decisional hearing, which cannot be countenanced. 7. Consequently, the appeal is allowed. The order dated 17.03.2025 passed by respondent no. 3 and order dated 25.04.2025 passed in Writ - C No. 12602 of 2025 are set aside. 8. The respondent would be free to pass a fresh order pursuant to the show cause notice issued to the petitioner/appellant, response thereof has already been filed, after providing opportunity of hearing to the appellant in accordance with law. " 3. The instant appeal is also accordingly allowed. The order dated 17.03.2025 passed by respondent no. 3 and the impugned order dated 25.04.2025 passed by learned Single Judge in Writ-C No. 12601 of 2025, are set aside. The respondents would be free to pass a fresh order pursuant to show cause notice already issued to the appellant after providing opportunity of hearing. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Order Date :- 19.5.2025 Ruhi H. Digitally signed by :- RUHI HASAN High Court of Judicature at Allahabad Digitally signed by :- RUHI HASAN High Court of Judicature at Allahabad Digitally signed by :- RUHI HASAN High Court of Judicature at Allahabad