Allahabad High Court
C/M Kisan Inter College Rasoolaha ... vs District Inspector Of Schools And ... on 31 May, 2018
Bench: Manoj Kumar Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 19
Case :- WRIT - C No. - 20844 of 2018
Petitioner :- C/M Kisan Inter College Rasoolaha And Another
Respondent :- District Inspector Of Schools And 5 Others
Counsel for Petitioner :- Manvendra Nath Singh,Vinod Kumar Singh
Counsel for Respondent :- C.S.C.,Amar Nath Pandey
Hon'ble Manoj Kumar Gupta,J.
Heard counsel for the petitioners, learned standing counsel for respondents no.1, 3 & 4 and Sri A.N. Pandey for respondent no.5. With their consent, the instant writ petition is being disposed of finally without inviting a formal counter affidavit.
Petitioner no.2 was admittedly Manager of the Committee of Management of Kisan Inter College, Rasoolaha, Pariyat, Jaunpur, a recognised institution under U.P. Intermediate Education Act, 1921. By impugned order dated 11.5.2018, the District Inspector of Schools, Jaunpur, the first respondent has proceeded to attest the signatures of respondent no.5 as Manager acing on a resolution of the Committee of Management dated 2.4.2018 in which petitioner no.2 was expelled from the post of Manager and in his place, respondent no.5, the Deputy Manager was authorised to work as Manager for the remaining term.
Sri Anil Bhushan, learned senior counsel assisted by Sri Manvendra Nath Singh appearing on behalf of the petitioners submitted that the impugned order has been passed without any notice or opportunity of hearing to the petitioners. It is urged that the alleged resolution of the Committee of Management dated 2.4.2018 was wholly invalid and had the petitioners been provided with opportunity of hearing, they would have established that the resolution is not sustainable in law.
Sri A.N. Pandey, learned counsel appearing on behalf of respondent no.5 does not dispute that before passing the impugned order, no notice or opportunity of hearing was given to the petitioners. The impugned order also does not indicate any such thing.
In the opinion of the Court, in case the first respondent was proceeding to recognise the resolution passed by the Committee of Management dated 2.4.2018 in which petitioner no.2 was allegedly expelled, the least which was required, was to put petitioner no.2 to notice of such a request. Since no opportunity of hearing was given to the petitioners before passing the impugned order, therefore, it is wholly inconsistent with the principles of natural justice and is accordingly quashed. The matter is remitted back to the first respondent for passing fresh order, after affording opportunity of hearing to the petitioners.
Counsel for the parties state that the parties would appear before the first respondent alongwith certified copy of this order on 6.6.2018, on which date, it shall be open to the District Inspector of Schools to fix a date within a week looking to the convenience of the parties. On the date so fixed, he shall proceed to decide the matter in accordance with law.
The writ petition stands allowed to the extent indicated above.
(Manoj Kumar Gupta, J)
Order Date :- 31.5.2018
SL
