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C/M Ramdhari Pandey Inter College Thru' Mgr. R.K.Yadav & Anr v. State Of U.P. & Others - SPECIAL APPEAL No. 358 of 2007 [2007] RD-AH 5564 (29 March 2007)


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C.J.'s Court.

Special   Appeal   No.  358  of   2007.

Committee of Management & another     .......Appellant


State of U.P. & others     .......Respondents.


Hon'ble H.L. Gokhale,  C.J.

Hon'ble Ashok Bhushan, J.

1. Heard Sri Ashok Khare, Senior Advocate, appearing for the appellants and Mr. G.C. Upadhyaya, Standing Counsel appears for the State.

2. The appeal seeks to challenge the order passed by a Single Judge on 20th February, 2007 whereby the petition filed by the appellants was dismissed. That petition sought to challenge an order dated 30th November, 2004 rejecting the representation of the teachers of the institution for taking the primary wing of the institution in grant-in-aid list.

3. It is material to note that the appellant-management committee of the concerned school situated in district Deoria at first filed one writ petition against the order dated 15th December, 1990 delisting the petitioners' institution. That petition was disposed of directing the Government to decide the representation. That representation was rejected on 9th November, 2000. The teachers thereafter filed a writ petition claiming the same relief that came to be rejected.

4. The writ petition was filed against the Government order dated 30th November, 2004. When we looked into that decision, we find that number of reasons are given therein. Amongst others, in paragraph 5 of that order it is recorded that the officers of the Education Department visited the concerned school and did not find the primary school functioning. It is specifically recorded that no educational activity was seen to be conducted in any of the classes of the so called primary wing. The Management failed to produce the attendance register of the students, attendance register of the teachers, the recognition order and the necessary documents. In that view of the matter the impugned order was passed rejecting the representation of the teachers.

5. The learned Single Judge dismissed the petition on the ground that the earlier petition was dismissed and that the Management has not challenged the order dated 9th November, 2000. That undoubtedly is a valid ground. However, since it is an educational matter, we went into the impugned order and  the petition. In the petition,  we did not find any averment challenging the aforesaid findings given by the authority concerned. This being the position, even on merits there is no reason to interfere with the order passed by the Government and learned Single Judge.

6. The appeal is dismissed.

(Chief Justice)

(Ashok Bhushan)

Date: 29.3.2007.



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