C/M. A.B.C.L. Inter College vs State of U.P. and Others

Arun Tandon, J.—Heard Sri S.K. Shukla and Sri D.K. Srivastava, learned Counsel for the Petitioners, Sri A.N. Rai, learned Counsel for Respondent No. 4 and learned Standing Counsel for the State-Respondents.

Learned Counsel for the parties agree that the present writ petition may be disposed of at this stage without calling for any affidavit, specifically in view of the order proposed to be passed today.

Adarsh Bhartiya Chandra Lal Intermediate College, Dutt Nagar, District Baghpat is duly recognized and aided institution under the provisions of U.P. Intermediate Education Act, 1921. Respondent No. 4, namely, Arun Kumar Singh, was working as principle of the said institution, he was placed under suspension vide resolution of the Committee of Management dated 22/24th April, 2010 and the papers in that regard were transmitted to the District Inspector of Schools for necessary approval u/s 16-G (5) of Act, 1921. The District Inspector of Schools under the impugend order dated 18th June, 2010 has passed a creptive order stating therein that the suspension is not in accordance with the relevant statutory provisions and is, therefore, being disapproved. The order contains absolutely no reason for the conclusions arrived at.

Learned Counsel for the Petitioner with reference to the judgment of the Hon''ble Supreme Court of India in the case of State of Uttranchal v. Sunil Kumar Negi reported in 2008 (4) ALJ 226 (Pr. 7 and 8) as well as to the judgment of the Supreme Court of India in the case of Raj Kishore Jha Vs. State of Bihar and Others, submits that reasons are heart beat of any conclusion and without the same it becomes lifeless.

In the opinion of the Court, any conclusion, which is not supported by reasons cannot be approved. It may be clarified that reasons are links between the facts and findings recorded and in absence of reasons, such finding recorded in the order would be rendered illegal. Reference: S.N. Mukherjee Vs. Union of India,

In view of the aforesaid, the order of the District Inspector of Schools dated 18th June, 2010 cannot be legally sustained and is hereby quashed. Let the District Inspector of Schools take appropriate decision afresh on the papers transmitted by the Committee of Management qua suspension of the principal of the institution, preferably within two weeks from the date a certified copy of this order is filed before him. He shall pass a reasoned speaking order, in accordance with law.

The present writ petition is allowed subject to the observations made above.