Learned counsel for the petitioners submitted that the impugned order has been passed without giving any opportunity to the petitioners and without considering the reply filed before the Joint Director of Education. He submitted that it is wrong to say that the land is not available for running the institution. The institution is running since 2000. On a consideration of the entire facts and circumstances, recognition was granted in the year 2000. Merely on the complaint of one of the alleged trustees/mutwallis, the impugned order has been passed.
There appears to be substance in the argument of learned counsel for the petitioners.
The matter requires consideration.
Learned Standing Counsel appears on behalf of respondent nos. 1 to 4. Issue notice to respondent no. 5. All the respondents may file counter affidavit within four weeks. Rejoinder affidavit may be filed within two weeks thereafter.
List thereafter.
Till the next date of listing, the operation of the order dated 31.1.2012 passed by the Special Secretary, U.P. Government shall remain stayed.
Order Date :- 10.2.2012 OP