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2026 DAILYLAW 5312 (ALL)

COMMITTEE OF MANAGEMENT BALLABH BHAI PATEL INTER COLLEGE AND ANOTHER v. STATE OF U.P. AND 2 OTHERS

WRIA/13293/2026 · 2026-09-07

Siddharth Nandan

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 13293 of 2026 Court No. - 6 HON'BLE SIDDHARTH NANDAN, J. 1. Heard Shri Prabhakar Awasthi, learned Senior Counsel assisted by Shri Anil Kumar, Advocate appearing on behalf of the petitioners, Shri G.K. Singh, learned Senior Counsel assisted by Shri Pradeep Kumar Singh, Advocate appearing on behalf of respondent no.3 and learned Standing Counsel for the respondent nos.1 and 2. 2. The contention of learned counsel for the petitioner is that by way of the impugned order dated 07.08.2026, while pending consideration under Section 16G of the Act, 1921, as an interim measure the District Inspector of Schools, Mirzapur has issued certain directions in the backdrop of the exigency enumerated therein, for continuing the Principal, in spite of the fact that under Section 16G(7) it has been specifically provided that no order of suspension shall, unless approved in writing by the District Inspector of Schools remain in force for more than 60 days from the date of commencement of the Act, 1975. In view of the aforesaid, contention of learned Senior Counsel is that for a period of 60 days, the suspension cannot be directed to be kept in abeyance, unless the same is approved in writing by the District Inspector of Schools. 3. Per contra, Shri G.K. Singh, learned Senior Counsel appearing on behalf of the respondent no.3 submits that since the documents requisite, for taking the decision for approval of the suspension as contemplated under law, was not forwarded and since the online examination forms for the examinations to be held in the year 2027 were to be filled up; and Versus Counsel for Petitioner(s) : Anil Kumar, Saurabh Tripathi, Sr. Advocate Counsel for Respondent(s) : C.S.C., Ishwar Prasad Singh Committee Of Management Ballabh Bhai Patel Inter College And Another .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) accordingly considering the said contingency, the District Inspector of Schools, had issued the impugned directions. It has also been stated across the bar that the charge- sheet has been issued on 06.08.2026 and it is also admitted that 60 days from the date of suspension letter i.e. 27.07.2026, has not yet expired; and the District Inspector of Schools has not approved in writing the said order of suspension. 4. In view of the aforesaid, it is admitted between the parties that the suspension unless revoked, shall continue for a period of 60 days and as such the impugned directions cannot be sustained. 5. Shri G.K. Singh. learned Senior Counsel has not disputed the aforesaid proposition and at this stage has submitted that the ends of justice shall be served by disposing of the present petition with a direction upon the District Inspector of Schools, Mirzapur to take the decision regarding the approval of the suspension order within a period of two weeks; to which Prabhakar Awasthi learned Senior Counsel appearing on behalf of the petitioner does not have any objection. 6. In view of thereof no fruitful purpose shall be served in keeping the present petition pending and by the consent of the parties the same is being decided at the admission stage itself; with a direction on the respondent no.4-District Inspector of Schools, Mirzapur to take the decision regarding the approval or disapproval of the suspension order dated 27.07.2026 within a period of two weeks from today; and the learned Standing Counsel shall communicate this order to the respondent no.4-District Inspector of Schools, Mirzapur forthwith for compliance. 7. Accordingly, the order dated 07.08.2026 is set aside, being contrary to the provisions, indicated herein above. 8. With the aforesaid observations/directions, the writ petition stands disposed off. September 8, 2026 S.Prakash WRIA No. 13293 of 2026 2 (Siddharth Nandan,J.) Digitally signed by :- SHASHI PRAKASH High Court of Judicature at Allahabad