Court No. - 58
Case :- WRIT - A No. - 17218 of 2018 Petitioner :- C/M. Of Adarsh Kanya Inter College And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Raj Mohan Saggi,Shri R.K. Ojha, Senior Advocate Counsel for Respondent :- C.S.C.,Nand Lal Pandey,Suyash Pandey
Hon'ble Ashwani Kumar Mishra,J.
This petition has been filed by the Committee of Management Adarsh Kanya Inter College, Bhisham Nagar (Bhainsa) Mawana, District Meerut challenging the order passed by the District Inspector of Schools (Second) Meerut dated 15.06.2018. By the order impugned the Inspector has held the termination dated 01.08.2017, passed against the respondent no.5 to be illegal and consequently, representation made against order of the termination passed against the respondent no.5, has been allowed.
Order of the Inspector dated 15.06.2018 is assailed on various grounds. One of the grounds on which the order is assailed, is that no opportunity of hearing has been given to the Committee of Management before passing the order impugned. It is also submitted that the Inspector was transferred on the same date and as such the exercise of power by the Inspector lack fairness.
Sri N.L. Pandey, learned counsel appearing for respondent no.5 submits that in case opportunity of hearing has been denied to the petitioners, the matter can be remitted back to the Inspector for passing of a fresh order. The averment made in paragraph-55 of the writ petition, that no opportunity of hearing has been given to the petitioners before passing the order, is otherwise not opposed.
In that view of the matter, this petition succeeds and is allowed. Order dated 15.06.2018 passed by the District Inspector of Schools (Second) Meerut stands quashed.
The Inspector shall proceed to afford an opportunity of hearing to the petitioner as also respondent no.5, and pass a fresh order on the pending representation of respondent no.5, within a period of three months from the date of presentation of the certified of this order.
Order Date :- 27.2.2019 Radhika