Court No. - 36
Case :- WRIT - C No. - 41438 of 2018 Petitioner :- C/M Everest English School (Primary School) Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Nand Lal Pandey,Suyash Pandey Counsel for Respondent :- C.S.C.,Mohd Shere Ali
Hon'ble Ajay Bhanot,J.
Heard Sri Nand Lal Pandey, learned counsel for the petitioner, Mohd. Shere Ali, learned counsel for respondent no. 3 and learned Standing Counsel for the State respondents.
The order dated 09.07.2018 passed by the respondent no. 3, District Basic Education Officer, Maharajganj has withdrawn the recognition accorded to the petitioner institution.
The contention of learned counsel for the petitioner is that the order is exparte to the petitioner and has been passed in violation of principles of natural justice. He submits that, had the petitioner been granted an opportunity of hearing they would have successfully refuted the charges laid out against it.
Sri Mohd. Shere Ali, learned counsel for respondent no. 3 on the basis of instructions admits that no notice was issued or served upon the petitioner prior to passing the order dated 09.07.2018 assailed in the instant writ petition.
In such view of the matter, this Court finds that the order dated 09.07.2018 visits the petitioner with penal consequences. The order has been passed in violation of principles of natural justice. The prejudice caused by the procedure adopted by the respondent authorities is beyond recall.
The order dated 09.07.2018 cannot stand and is arbitrary and illegal. The order dated 09.07.2018 passed by respondent no. 3, District Basic Education Officer, Maharajganj is quashed. The matter is remitted back to the respondent no. 3 for fresh consideration. It shall be open to the respondent no. 3 to proceed against the petitioner in accordance with law after giving an opportunity of hearing.
The writ petition is allowed.
Order Date :- 20.12.2018 Pravin