WPMS/506/2016
2021 Latest Caselaw 698 UK

IN THE HIGH COURT OF UTTARAKHAND
                   AT NAINITAL
           ON THE 5TH DAY OF MARCH, 2021
                          BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
       Writ Petition (M/S) No. 506 of 2016
BETWEEN:

Shakuntala Modern Junior High School          ...Petitioner
     (By Mr. Rajendra Dobhal, Senior Advocate assisted by
     Ms. Rangoli Purohit, Advocate)

AND:

State of Uttarakhand & others           ... Respondents
     (By Mr. T.S. Phartiyal, learned Additional C.S.C. for the
     State of Uttarakhand)

                      JUDGMENT

This writ petition has been filed by Shakuntala Modern Junior High School, Pauri Garhwal seeking following reliefs:-

(i) Issue a writ order or direction in the nature of certiorari quashing the impugned order dated 08.10.2015 (contained as annexure no. 1 to this petition) and the letter dated 28.09.2015 written by the govt. (as mentioned in the impugned order dated 08.10.2015) after summoning the original of the same from the respondents.

(ii) Issue a writ order or direction in the nature of mandamus commanding the respondents to release the salary of the teachers and employees of the petitioner's school from 04.03.2014 and to continue to pay the same regularly every month.

2. By the impugned order passed by Director, Elementary Education, Uttarakhand, petitioner has been removed from grant-in-aid list of the State Government. In other words, the financial aid, which

petitioner was receiving towards salary of teaching and non-teaching employees, stands withdrawn.

3. In para 12 of the writ petition, it is pleaded that neither opportunity of hearing was afforded to the petitioner nor any show cause notice was issued before passing the impugned order.

4. This pleading has not been denied in the counter affidavit filed by District Education Officer (Elementary Education), Pauri Garhwal. Thus, respondents admit that the impugned order was passed without hearing petitioner.

5. It is settled position in law that any order, which entails civil and evil consequences to a person can be passed only after affording reasonable opportunity of hearing. Removal of name of the petitioner school from the grant-in-aid list of the State Government has civil and evil consequence to the petitioner, as the liability of payment of salary of teaching and non-teaching employees would now been fastened upon the petitioner.

6. Since the impugned order has been passed without affording opportunity of hearing to the petitioner, therefore, the writ petition is allowed. Impugned order dated 08.10.2015 is quashed. However, Director, Elementary Education, Uttarakhand shall pass fresh order within three months, after affording opportunity of hearing to the petitioner, in accordance with law.

(MANOJ KUMAR TIWARI, J.) Aswal