Ramadhar Shashtri and Another vs Deputy Director of Education, IV Region and Others

By the Court

This petition is directed against order dated 12th September, 1986 passed by Deputy Director of Education, IV Region, Allahabad in exercise of power u/s 16-A(7) of U.P. Intermediate Education Act.

It is not disputed that the hearing was done on 27th May, 1986. After hearing both the parties the Deputy Director permitted both parties to file documents upto 10th June, 1986. It is further not disputed that both parties did file their evidence which was not only examined but relied by the Deputy Director of Education. Needless to say, that the procedure adopted by Deputy Director was contrary to law. Filing of documents should have preceded the hearing. The Deputy Director in reversing the process committed grave error of procedure which vitiated his order.

Learned Counsel urged that even if the documents filed after hearing are ignored the order of Deputy Director can be maintained on other material. The argument is not available since it cannot be assessed to what extent the Deputy Director was influenced with the evidence filed later on .

In the circumstances the Deputy Director of Education is directed to decide the dispute afresh after hearing both the parties and affording opportunity to file evidence in rebuttal. The reference shall be decided within two months from the date a copy of this order is produced before him.

Till the dispute is decided by Deputy Director of Education as already directed by this Court by its interim order dt. 29-9-1986 the District Inspector of Schools, Etawah shall carry on the management of the Institution. The petition is disposed off accordingly.