Court No. - 41
Case :- WRIT - C No. - 16904 of 2019 Petitioner :- C/M Thakur Biri Singh Inter College And Another Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Nitinjay Pandey Counsel for Respondent :- C.S.C.,Arun K. Singh Deshwal,Hemendra Kumar,Naresh Chandra Tripahti
Hon'ble Neeraj Tiwari,J.
Civil Misc. Impleadment Application No. 2 of 2019
Sri N.C. Tripathi has filed impleadment application for impleading Arjun Singh, Sugreev Singh and Jaswant Singh as respondent nos. 4, 5 and 6 as they are necessary party and they have not been arrayed in the array of the respondents for which learned counsel for the petitioners has no objection. Impleadment application filed today is taken on record.
Impleadment application is allowed.
Learned counsel for the petitioners is permitted to implead Arjun Singh, Sugreev Singh and Jaswant Singh as respondent nos. 4, 5 and 6 during the course of the day.
Order on order sheet
Heard learned counsel for the petitioners, learned Standing Counsel for respondent nos. 1 to 3 and Sri N.C. Tripathi, learned counsel for newly impleaded respondent nos. 4 to 6.
Learned counsel for the petitioners has assailed the impugned order dated 29.03.2019 passed by District Inspector of Schools, Firozabad- respondent no. 2 basically on the ground that this order has been passed without providing opportunity of hearing to the petitioner ignoring this fact that prior to passing of order, committee of management of petitioners' institution was duly approved, therefore, it is required on the part of respondent no. 2 to provide opportunity of hearing prior to passing the order impugned.
Sri N.C. Tripathi, learned counsel for respondent nos. 4 to 6 has raised several facts, but could not dispute this fact that opportunity of hearing has not been granted. Learned Standing Counsel has also not disputed this fact.
Considering the facts and circumstances of the case, impugned order dated 29.03.2019 passed by District Inspector of Schools, Firozabad- respondent no. 2 is hereby quashed and the matter is remanded back to respondent no. 2 to pass fresh order, maximum within a period of 30 days from the date of production of certified copy of the order after providing opportunity of hearing to the petitioner as well as newly impleaded respondent nos. 4 to 6.
Accordingly, this petition is allowed.
No order as to costs.
Order Date :- 29.5.2019 Arvind