Court No. - 58
Case :- WRIT - A No. - 9491 of 2018 Petitioner :- C/M Balwant Rural Engineering Institute Bichpuri And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ankita Jain Counsel for Respondent :- C.S.C.,Mukesh Chandra Gupta
Hon'ble Ashwani Kumar Mishra,J.
An order passed by the Secretary, Technical Education Board, U.P. Lucknow dated 15th March, 2018 is under challenge in the present petition. The order is essentially assailed on the ground that a previous order passed by the Sub-Committee has virtually been reiterated without any independent application of amount. It is also stated that the appeal is to be heard by the Board in terms of Regulation 33(5)(a) of the 1996 Regulations.
While entertaining the writ petition, following orders were passed on 5.4.2018:-
"One of the grounds urged in support of this petition is that right of appeal could be exercised by the Board in terms of Regulation 33(5)(a). Submission is that the Board has not been constituted and the Secretary of the State had no jurisdiction to decide the appeal. It is also stated that there is no discussion on the issue relating to proportionality of punishment as was otherwise required to be made under the orders of this Court, and that the previous order had merely been reiterated.
Sri Vivek Rai, learned Addl. Chief Standing Counsel may obtain instructions, in this regard, from the respondents.
Post as fresh, once again, on 12.4.2018.
Till the next date of listing no further action pursuant to the order under challenge shall be taken."
Learned Standing Counsel has obtained instructions, as per which a Board has already been constituted. There is, however, no justification brought on record as to why the Secretary has passed the order impugned, which does not even refer to any proceedings of the Board. The earlier direction issued by this Court also has not been complied with.
Learned Standing Counsel as well as Sri Sandeep Agarwal appearing for the respondent no.4 states that instead of keeping the writ petition pending, it would be appropriate that the matter be remitted back for a fresh consideration of cause by the competent authority.
In view of the above, this writ petition succeeds and is allowed. Order dated 15th March, 2018 stands quashed. The Board, which is the competent authority to hear the appeal, shall consider the cause brought before it, in accordance with law, by means of a reasoned order. Needless to say that opportunity of hearing would be given to the parties concerned. The required consideration shall be made within a period of three months from the date of presentation of certified copy of this order.
Order Date :- 24.4.2018 Anil