A.S. (Degree College) Association and another vs State of U.P. and others

Bharti Sapru, J.—The present writ petition has been filed against an orderdated 17.1.2007 passed by the Joint Director of Education by which, he has passed an order of single operation of the A.S. (Degree College) Association, Mawana, Merrut. The reason given in the order is that the matter relating to the Committee of Management is pending before the Apex Court. Learned Counsel for the petitioner has stated that in fact, nothing is pending before the Supreme Court.

The argument of the learned Counsel for the petitioner is that the joint Director of Education has invoked provisions of Section 60D of the U.P. State Universities Act, 1973 but has not complied with the terms of the said section i.e., to say that order dated 17.1.2007 has been passed without giving to the petitioner an opportunity of hearing.

I have heard learned Counsel for the petitioner as well as learned Counsel for the State. From a plain perusal of the order passed, it is clear that the order is exparte and is violative of the proviso to Section 60D of the U.P. State Universities Act, 1973. Such being the case, the orderdated 17.1.2007 is quashed.

It is open to the Joint Director, Higher Education to pass a fresh order in accordance with law.

The writ petition is, thus, disposed of.