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Neutral Citation No. - 2025:AHC:90452 Court No. - 7 Case :- WRIT - A No. - 7534 of 2025 Petitioner :- Dinesh Kumar Respondent :- The State Of U.P. And 2 Others Counsel for Petitioner :- Shivendu Ojha,Sneh Pandey,Sr. Advocate Counsel for Respondent :- C.S.C.,Mahima Maurya Kushwaha,Mukesh Kumar Kushwaha Hon'ble Jayant Banerji,J.
1. The contention of learned counsel for petitioner is given the provisions of Sub section (10) of Section 16-E of the U.P. Intermediate Education Act, the petitioner being a teacher of an institution, his appointment can be cancelled only by the order of the Director subject to fulfillment of certain conditions like opportunity of hearing being afforded to such person, etc. It is stated that in the instant case, it is the District Inspector of Schools, Firozabad who has proceeded to pass the order impugned summarily cancelling the appointment of the petitioner and dismissing him from service despite the fact that the petitioner was confirmed as a teacher on a substantive post since the year 2011.The contention is that the impugned order is without jurisdiction.
2. Sri R.P. Dubey, learned Additional Chief Standing Counsel appearing for the State Respondents states that the matter be remitted to the competent authority under Section 16-E (10) of the Act, 1921.
3. I have perused the provision of Section 16-E (10) of the Act, 1921 and find that it is the Director of Education who is invested with the power of cancelling the appointment of a teacher subject certain conditions.
4. The contention of learned counsel for the petitioner that the
order of the District Inspector of Schools is without jurisdiction, is correct. The order of the District Inspector of Schools dated 01.05.2025 that is enclosed as Annexure No.1 to the instant petition is quashed as being without jurisdiction.
5. The Director of Education, as provided under Section 16-E(10) of the Act, 1921, shall take a decision in the matter in accordance with law after giving opportunity of hearing to all concerned.
6. This petition is disposed of accordingly.
Order Date :- 27.5.2025 Kumar Manish (Jayant Banerji,J.) Digitally signed by :- MANISH TRIPATHI High Court of Judicature at Allahabad