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C/M Adarsh Inter College And Another v. State Of U.P. And Others - WRIT - C No. 27865 of 2007 [2007] RD-AH 10673 (21 June 2007)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon. Dilip Gupta, J.

The Committee of Management of Adarsh Inter College has sought quashing of the order dated 6th June, 2007 passed by the District Inspector of Schools by which a direction has been issued to treat Sri Hari Shanker Shukla private respondent no.3 as the Principal of the College. The petitioner has also sought quashing of the order dated 8th June, 2007 by which the signatures of Sri Hari Shanker Shukla have been attested.

Sri Dharam Pal Singh, learned counsel for the petitioner has brought to the notice of this Court the judgment and order dated 16th May, 2007 passed by this Court in Writ Petition No.23242 of 2007 that had been filed by the Committee of Management to challenge the decision taken by the Selection Board disapproving the selection of the Committee of Management dispensing with the services of the said private respondent. The Court after pointing out the inherent shortcomings in the order passed by the Board did not consider it appropriate to send the entire proceedings back to the Selection Board as it could not be asked to consider the validity of the resolution which was based on no enquiry. The Court, however, left it open to the Committee of Management for undertaking fresh proceeding in accordance with law. It is not disputed that till date fresh proceedings have not been initiated against the private respondent no.3.

In such circumstances, the order passed by the District Inspector of Schools does not suffer from any infirmity. However, it will be open to the Managing Committee to intimate the District Inspector of Schools about any fresh disciplinary proceeding that may be taken by it in accordance with the judgment and order dated 16th May, 2007 and there is no doubt that the District Inspector of Schools shall pass an appropriate order in accordance with law on receipt of the said information.

Subject to the observations made above, the writ petition is disposed of.




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