High Courts(1999) 05 AHC CK 0143

Committee of Management,Kanahiya Lal Ram Sharan Rastogi Inter College,Farukhabad and Ors. vs Regional Joint Director of Education,Kanpur Region,Kanpur & Ors.

Allahabad High Court · Decided on 28 May 1999

HON’BLE JUDGES
A.K.Yog, J
RESULT
Allowed
CASE NUMBER
Civil Miscellaneous Writ Petition No. 23135 of 1999

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Judgment

5 paragraphs · 207 words

A.K. Yog, J.—In this writ petition judgment and order dated 17599 (Annexure9 to the writ petition) has been challenged.

2.

This petition arises out of dispute over management of a recognised Inter College, which is governed by the provisions of the U.P. Intermediate Education Act, 1921. Scheme of Administration contemplated therein and hence educational authorities are required to ascertain as to which is the valid Committee of Management for discharging its duties, primarily payment of salary of the staff of a recognised college.

3.

I have perused the impugned judgment and order and find that the impugned order is not a speaking order particularly non application of mind.

4.

Impugned order dated 17599 is set aside with direction to Respondent No. 1 to decide the matter afresh after affording opportunity to the parties, namely by getting the representations and the material filed by the parties exchanged between them and also confront the petitioner with the letter dated 12499 (received in the office on 17499) provide opportunity to explain the same Joint Director of Education shall decide the same by a reasoned order within two months from the date of filing of a certified copy of this order.

5.

Writ petition is allowed. No order as to costs.