Court No. - 58
Case :- WRIT - A No. - 3021 of 2019 Petitioner :- Ashok Kumar Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Vimal Chandra Mishra Counsel for Respondent :- C.S.C.,Saroj Kumar Yadav
Hon'ble Ashwani Kumar Mishra,J.
An order of termination has been passed by the Principal of the Institution against the petitioner on 22.11.2018, which is challenged in this petition. It is stated that the order impugned is in violation of principles of natural justice and has otherwise been passed for mala-fide reasons.
Sri Saroj Kumar Yadav, learned counsel appearing for the respondent nos. 6 & 7 submits that in terms of Regulations 31 & 32 framed under Chapter - III of the U.P. Intermediate Education Act, 1921, petitioner has a statutory remedy of approaching the Committee of Management and thereafter making a representation before the Inspector, which has not yet been exhausted and, therefore, the writ petition is not liable to be entertained at this stage.
Learned counsel for the petitioner points out that an appeal has been preferred before the Committee of Management but the same has not been decided so far.
In the facts and circumstances, noticed above, this petition stands disposed of requiring the respondent no. 7 to dispose of the petitioner's appeal against the order of termination, within a period of six weeks from the date of presentation of a certified copy of this order. In case petitioner feels still aggrieved, he will be at liberty to approach the Inspector, who shall examine such grievance of the petitioner in accordance with law expeditiously thereafter.
Learned counsel for the Committee of Management states that no such appeal has been preferred by the petitioner. However, the memo of appeal has been annexed alongwith the record and same shall be treated as an appeal on which the petitioner would be heard and the Committee of Management would take an appropriate decision.
Subject to the aforesaid observations, this petition stands disposed of.
Order Date :- 26.2.2019 Ranjeet Sahu