COMMITTEE OF MANAGEMENT, PUBLIC INTER COLLEGE v. STATE OF U.P. AND 2 OTHERS
WRIA/12235/2025 · 2025-08-22
Mayur Jain Jt Registrar J Listing
body2025
DailyLaw.ai
[ 2025 DAILYLAW 87705 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 87705 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:150663 Court No. - 32 Case :- WRIT - A No. - 12235 of 2025 Petitioner :- Committee Of Management, Public Inter College Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashish Rai,Mahesh Sharma Counsel for Respondent :- C.S.C.,Gulrez Khan Hon'ble Chandra Dhari Singh,J.
1. The instant writ petition has been filed seeking for the following reliefs:-
"I) Issue a writ, order or direction in the nature of Certiorari quashing the impugned order dated 06.08.2025 passed by the respondent no. 2, by which the respondent no. 2 disapproved the resolution of the petitioner -committee dated 25.6.2025, by which the respondent no. 3 was directed to work on his original post of Lecturer in place officiating principal due to the charge of Embezzlement of Mid-day meal fund and other funds apart from other charges, interest of justice (Annexure No. 1) II) Issue a writ order or direction in the nature of Mandamus directing the respondents not to give effect to the impugned order dated 06.08.2025 passed by the respondent no. 2, in the interest of justice."
2. Learned counsel appearing on behalf of petitioner without entering into merits of the case, made innocuous prayer that the petitioner may be granted liberty to file an appeal under Section 16 G(3)(c) of the U.P. Intermediate Education Act, 1921 before the appellate authority.
3. Sri R.P. Tiwari, learned Standing Counsel appearing on behalf of State- respondent nos.1 and 2 and Sri Gulrez Khan,
learned counsel appearing on behalf of respondent no. 3 vehemently opposed the petition on merit, but have not opposed the innocuous prayer as made by learned counsel appearing on behalf of the petitioner.
4. Heard learned counsel for the parties and perused the contents made in the writ petition.
5. Taking into consideration of the submission made by the learned counsel appearing on behalf of the petitioner, I am of the view that liberty should be granted to the petitioner to file an appeal under Section 16 G(3)(c) of the Intermediate Education Act, 1921.
6. Accordingly, liberty is granted. The petitioner is permitted to file an appeal under Section 16 G(3)(c) of the Intermediate Education Act, 1921 before the appellate authority within 10 days from today. In case any such appeal is filed, the appellate authority is
directed to pass a detailed and reasoned order on the same, in accordance with law, expeditiously, preferably within a period of six weeks from the date of receipt of the said appeal.
7. With the aforesaid directions/observations, the present writ petition is disposed of.
Order Date :- 23.8.2025 Radhika (Chandra Dhari Singh) Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad