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2025 DAILYLAW 83537 (ALL)

COMMITTEE OF MANAGEMENT INTERMEDIATE COLLEGE AND ANOTHER v. STATE OF U.P. AND ANOTHER

WRIC/26327/2025 · 2025-08-12

Mayur Jain Jt Registrar J Listing

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:138204 Court No. - 32 Case :- WRIT - C No. - 26327 of 2025 Petitioner :- Committee Of Management Intermediate College And Another Respondent :- State of U.P. and Another Counsel for Petitioner :- Prabhakar Awasthi,Sarthak Ahuja Counsel for Respondent :- C.S.C. Hon'ble Chandra Dhari Singh,J. 1. The instant writ petition has been filed by the petitioners for the following reliefs:- "i. Issue a writ, order or direction in the nature of Certiorari calling for the records of the case and to quash the ex parte impugned order dated 16.06.2025 passed by the District Inspector of Schools, Sambhal, respondent no.2 (Annexure No.1 to the writ petition). ii.Issue a writ, order or direction in the nature of Certiorari calling for the records of the case and to quash the impugned order dated 28.07.2025 passed by the District Inspector of Schools, Sambhal, respondent no.2 (Annexure No.2 to the writ petition). iii. Issue a writ, order or direction in the nature of Mandamus commanding the District Inspector of Schools not to force upon the petitioner Committee of Management to get the election held so long as the determination at his end is not made as to which society has established the institution and also the determination in regard to electoral college." 2. Mr. Prabhakar Awasthi, learned counsel appearing on behalf of the petitioners submitted that the impugned order dated 16.06.2025 passed by the District Inspector of Schools, Sambhal without giving opportunity of hearing to the petitioners and contrary to the principle of natural justice. 3. It is further submitted that since it is an admitted fact that said order passed by the District Inspector of Schools, Sambhal is an ex parte order, therefore, the matter may be remanded back to him to pass a fresh order after giving opportunity of hearing to the petitioner and any other effective parties. 4. Learned Standing Counsel appearing on behalf of the State vehemently opposed the instant writ petition but has no objection to the innocuous prayer made by learned counsel for the petitioner for remanding the matter back to the District Inspector of Schools, Sahbhal for passing a fresh order. 5. Taking into consideration of the submissions made by the counsel for the petitioners and no objection of the other side, I am inclined to dispose off the instant writ petition without entering into merits of the case. The petitioners are directed to approach the District Inspector of Schools, Sambhal by way of filing a representation within two weeks alongwith copy of the writ petition and certifiied copy of the order. Thereafter the District Inspector of Schools, Sambahl is directed to pass appropriate orders by a reasoned and speaking order in accordance with law after giving opportunity of hearing to the petitioners and any other effective parties expeditiously, preferably, within a period of three months. 6. With the aforesaid observations/directions the instant writ petition is disposed off. Order Date :- 13.8.2025 S.K.S. (Chandra Dhari Singh,J.) Digitally signed by :- SUNIL KUMAR SINGH High Court of Judicature at Allahabad