Court No. - 18
Case :- WRIT - A No. - 8052 of 2018 Petitioner :- Committee Of Management, D.A.V. Inter College Respondent :- State Of U.P. And 4 Ors.
Counsel for Petitioner :- Sandeep Kumar Counsel for Respondent :- C.S.C.,Vashishtha Tiwari
Hon'ble Mahesh Chandra Tripathi,J.
Heard Sri Sandeep Kumar, learned counsel for the petitioner and Sri P.K. Pandey, learned Additional Chief Standing Counsel.
On 16.03.2018, this Court has passed the following order :-
"Heard learned counsel for the petitioner and learned Standing Counsel. Shri Vashishtha Tiwari appears for fourth respondent.
The petitioner-Committee of Management, DAV Inter College, Goerdhan, Mathura through its Manager Vinod Kumar is once again before this Court assailing the order dated 19.02.2018 passed by second respondent i.e. District Inspector of Schools, Mathura.
The record in question reflects that earlier the management has been before this Court by preferring Writ Petition No.62312 of 2017 (C/M DAV Inter College, Goerdhan, Mathura v. State of U.P. & Ors.) challenging the validity of the order dated 17.10.2017 passed by DIOS, whereby representation of the fourth respondent-Hori Lal has been allowed and the termination order passed by the Principal of the institution had been set aside. The said writ petition after hearing the parties has been finally allowed by order dated 23.1.2018 on the ground that before passing the order impugned at no point of time the management was heard in the matter. The order impugned was set aside and the matter was remitted back to the DIOS, Mathura to pass appropriate order afresh in accordance with law after providing notice and opportunity of hearing to the Committee of Management of the institution, Hori Lal as well as the Principal of the institution.
In this backdrop, learned counsel for the petitioner submits that while passing the order impugned dated 19.02.2018 no notice or opportunity has been extended to the petitioner in compliance of the order passed by this Court dated 23.01.2018 and as such the same is in teeth of the aforesaid order. The same is moreover contemptuous in nature and is liable to be set aside.
Nothing has been brought on record to indicate that at any point of time the petitioner-management has been heard.
Confronted with this situation, learned Addl. Chief Standing Counsel submits that one more indulgence may be accorded in the matter. In case no opportunity has been extended in response to the aforesaid order, the order impugned may be set aside and the matter may be sent back for reconsideration.
The Court has proceeded to examine the record and find that the aforesaid writ petition has been allowed only on the ground of violation of principle of natural justice and the order impugned has been passed in two line and nothing has been brought on record to indicate that at any point of time the opportunity has been extended to the management before passing the aforesaid order.
In the aforementioned facts and circumstances, let personal affidavit be filed by DIOS, Mathura within week's time explaining as to under what circumstances the management has not been granted opportunity of being heard before passing the order impugned. In case the explanation submitted by the officer concerned is not found satisfactory, the Court would proceed against the officer concerned on the next date fixed.
Put up this matter on 27.03.2018 at 2.00 p.m.
Until further orders, the effect and operation of the order impugned would be kept in abeyance.
Let a copy of this order be given to learned Standing Counsel for necessary compliance."
In response thereof Sri P.K. Pandey, learned Additional Chief Standing Counsel has apprised the Court that the District Inspector of Schools, Mathura has proceeded to recall the order impugned by the subsequent order dated 24.03.2018. He further submits that once direction has already been issued in Writ Petition No. 62312 of 2017 (C/M DAV Inter College, Goredhan, Mathura vs. State of U.P. & Ors.) to decide the matter on merits after giving opportunity of hearing to the Committee of Management, as such request has been made that the parties should be present before the authority concerned so that order dated 23.01.2018 passed in the aforesaid writ petition may be complied with.
Once an order has been recalled, this Court hopes and trust that the authority concerned would proceed strictly in accordance with law after according the opportunity of hearing to the Committee of Management. The District Inspector of Schools, Mathura is personally present before this Court today.
For the aforesaid facts and circumstances, this Court is of the considered opinion that the parties concerned may be present before the District Inspector of Schools Mathura on 16.04.2018. On the said date, the authority concerned is at liberty to proceed and pass appropriate order in accordance with law.
With the aforesaid observation, the writ petition is disposed of.
The personal presence of the District Inspector of Schools, Mathura is dispensed with.
Order Date :- 27.3.2018 sailesh