Court No. - 25
Case :- WRIT - C No. - 5209 of 2019 Petitioner :- C/M Swatantra Anirudh Mahavidyalay And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shri Niwash Yadav,Awadhesh Kumar Malviya Counsel for Respondent :- C.S.C.,Ajeet Kumar Singh
Hon'ble Ajay Bhanot,J.
Heard Sri Awadhesh Kumar Malviya, learned counsel for the petitioners and Sri Ajeet Kumar Singh, learned counsel for the respondent University.
By the orders dated 25.11.2018 and 11.01.2019 the petitioner institution was debarred as an examination centre for two years and a penalty of Rs.Two Lacs was imposed.
The submission of Sri Awadhesh Kumar Malviya, learned counsel for the petitioners is that the petitioner had submitted a reply to the show cause notice refuting the allegations contained therein. The aforesaid reply of the petitioner has not been considered by the examination committee in its meeting dated 29.05.2018. The minutes of the meeting reflect complete non application of mind. An order penalising the petitioner institution has been passed which is bereft of any reason.
Sri Ajeet Kumar Singh, learned counsel assisted by Sri Satya Prakash Rai, counsel for the respondent University in his usual fairness could not refute the fact that the order assailed in the writ petition imposing the penalty and debarring the petitioner institution as an examination centre does not disclose any reasons for such action. The reply of the petitioner has not been considered.
A perusal of the orders discloses that the defence of the petitioner has not been considered. The order is a non speaking one and reflects non application of mind.
In view of the submissions made by learned counsel for the parties, this Court finds that the orders dated 25.11.2018 and 11.01.2019 have been passed in violation of principles of natural justice. The orders dated 25.11.2018 and 11.01.2019 are arbitrary, illegal and cannot stand.
The orders dated 25.11.2018 and 11.01.2019 is quashed. The matter is remitted to the respondent University for fresh consideration in accordance with law.
The writ petition is allowed.
Order Date :- 26.2.2019 Pravin