Maan Singh vs Vijeta Edu. Society Ltd. Thru. ...
2022 Latest Caselaw 2208 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 7
 

 
Case :- WRIT - A No. - 1797 of 2022
 

 
Petitioner :- Maan Singh
 
Respondent :- Vijeta Edu. Society Ltd. Thru. Managing Director Lko. And Others
 
Counsel for Petitioner :- Amit Kumar Gaur
 
Counsel for Respondent :- C.S.C.,C.S.C.
 

 
Hon'ble Irshad Ali,J.

1. Heard Sri V.N. Mishra, learned counsel for the petitioner and learned Standing Counsel for the State-respondent.

2. The institution in question is recognized under the provisions of Section 2 (N) (IV) of the Right of Children to Free and Compulsory Education Act, 2009.

3. A query was made to learned counsel for the petitioner that how the writ petition is maintainable against an order of termination passed by the Committee of Management of a private institution, he placed reliance upon a Full Bench judgment, passed by the Allahabad High Court, in the case of Roychan Abraham Vs. State of U.P. & others (Writ-A No.63708 of 2014) and on the said basis, he submits that the institution is performing public duties to impart education to the students, therefore, the petition is maintainable.

4. I have gone through the aforesaid judgment and I am of the view that against an order of termination passed by the Committee of Management of a private institution, the writ petition would not be maintainable.

5. At last, learned counsel for the petitioner submits that the petitioner has filed a second appeal before the District Inspector of Schools, Lucknow, which is lying pending consideration and no order has been passed till date. He submits that in case direction is issued for deciding the appeal, justice would be met.

6. On the other hand, learned Standing Counsel opposed the prayer and submits that once the writ petition is not maintainable, no direction can be issued to the District Inspector of Schools to decide the appeal.

7. Taking into consideration the facts and circumstances of the case, I am of the opinion that the public authority empowered under the Act to entertain the appeal can decide the issue involved in the matter.

8. Accordingly, the District Inspector of Schools, Lucknow is directed to look into the matter on the pending appeal and pass appropriate order in accordance with law within a period of six weeks from the date of production of a certified copy of this order.

9. With the aforesaid observation and direction, the writ petition is finally disposed of.

Order Date :- 6.5.2022

Gautam