Court No. - 54
Case :- WRIT - C No. - 42533 of 2019 Petitioner :- C/M Late Dharam Deo Adarsh Senior Secondary School And Another Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Rakesh Kumar Tripathi,Manoj Yadav Counsel for Respondent :- C.S.C.
Hon'ble Rajiv Joshi,J.
Heard learned counsel for the petitioner and learned Standing counsel for the State-respondents.
The present writ petition has been filed challenging the validity of the impugned order dated 18.11.2019 issued by the Secretary, Department of Higher Secondary Education, Aunbhag-07, U.P. at Lucknow whereby the recommendation was issued to the State Government for cancelling the recognition of the petitioner's Institution.
Learned counsel for the petitioner submits that the recommendation was made by Secretary, Department of Higher Secondary Education, Aunbhag-07, U.P. at Lucknow vide order impugned is totally illegal and no opportunity of hearing has been given to the petitioner before recommending the matter to the State Government for cancelling the recognition of the petitioner's Institution.
On the other hand, learned Standing counsel submits that the present writ petition is pre-mature and opportunity of hearing to the petitioner has been given before recommending the matter to the State Government.
Learned counsel for the petitioner further submits that the petitioner no. 2 Anil Yadav, Manager of the Institution was in jail on that date therefore, no question for any opportunity of hearing to him.
Since only the recommendation has been made vide order impugned to the State Government and till date no final decision has been taken by the State Government pursuant to the impugned order and the writ petition is also premature. The petitioner has an opportunity to file his objection/representation before the State Government.
In view of the aforesaid, the writ petitioner is disposed of, by providing that the petitioner may make an objection/representation, ventilating all his grievances supported by such documents as may be advised, before the State Government within two weeks from today alongwith a certified copy of this order. On such representation being made, the State Government shall pass appropriate order in accordance with law by means of a reasoned and speaking order, as expeditiously as possible after affording opportunity of hearing to the petitioner.
Order Date :- 20.12.2019 Akbar