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2025 DAILYLAW 87135 (ALL)

COMMITTEE OF MANAGEMENT, SRI SARVAJANIK INTER COLLEGE AND ANOTHER v. STATE OF U.P. AND 7 OTHERS

WRIC/28502/2025 · 2025-08-22

Mayur Jain Jt Registrar J Listing

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:146132 Court No. - 32 Case :- WRIT - C No. - 28502 of 2025 Petitioner :- Committee Of Management, Sri Sarvajanik Inter College And Another Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Dinesh Tiwari,Virendra Singh Counsel for Respondent :- Ajai Kumar Srivastava,C.S.C. Hon'ble Chandra Dhari Singh,J. 1. The instant writ petition has been filed with the following prayers:- "Issue a writ/order order or direction in nature of certiorari and quash the impugned order dated 24.7.2025 passed by District Magistrate, Agra/respondent no.2 (Annexure No.1 to the writ petition)." 2. Learned counsel appearing for the petitioners submitted that a report has been prepared by the office of District Magistrate and sent to District Inspector of Schools concerned to take an appropriate action against the petitioner after taking into consideration the material on record and also to give show cause notice to the petitioner to enable him to represent his case before the District Inspector of Schools concerned. 3. Learned counsel appearing on behalf of petitioner vehemently submitted that such report is very damaging to the petitioner as the report, which is submitted by the District Magistrate, is without any material or report on the record and since the District Magistrate is a senior officer, therefore, it is high chance that in taking a decision, the District Inspector of Schools would be influenced by the said report of District Magistrate. 4. Sri Ashok Khare, Senior Advocate appearing on behalf of respondent No.8 vehemently opposed the writ petition and submitted that the said writ petition has been filed at a premature stage and not maintainable. He further submits that the existing District Inspector of Schools has given show cause notice vide letter dated 11.08.2025 and the reply of the petitioner has been invited by the show cause notice. 5. Learned senior counsel appearing for the respondent No.8 further submits that the petitioner may appear before the District Inspector of Schools concerned and submit or place all the documents, which are placed here before this Court. 6. Sri Virendra Singh, learned counsel appearing for petitioners submits that he may be permitted to represent his case before the District Inspector of Schools with all the relevant documents and after hearing, the District Inspector of Schools may pass a reasoned and speaking order in accordance with law without being influenced by the report of the District Magistrate. 7. I have heard learned counsel for the parties, perused the averments made in the writ petition and the show cause notice dated 11.08.2025, which has been placed by Sri Khare, senior counsel, during the course of argument, which is taken on record. 8. In view of the aforesaid, I am of the view that no useful purpose would be served in keeping the writ petition pending and hence the petitioner is hereby directed to approach the respondent No.6-District Inspector of Schools with all the relevant documents within ten days from today along with certified copy of this order and the District Inspector of Schools concerned, after taking into consideration all the documents and reply filed by the petitioner as also after hearing all the affected parties, shall pass a reasoned and speaking order in accordance with law expeditious, preferable within a period of six weeks thereafter. 9. With the aforesaid observation/direction, the writ petition is disposed of. . (Chandra Dhari Singh,J.) Order Date :- 23.8.2025 Kushal WRIC No. 28502 of 2025 2 Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad