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VIKAS BAHL
Sanatan Dharam Mahila Mahavidyalaya – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. petition filed under articles 226/227 of the constitution. (Para 1) |
| 2. arguments against the appointment of administrator. (Para 2 , 4) |
| 3. highlighting interim order and its implications. (Para 3 , 5 , 6) |
| 4. legal requirements for appointing an administrator. (Para 7 , 9) |
| 5. previous case law supporting petitioner's claims. (Para 8 , 10) |
| 6. final ruling on the writ petition. (Para 11 , 12 , 13) |
JUDGMENT
Mr. Vikas Bahl, J. (Oral)
Present writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of writ in the nature of certiorari for quashing the order dated 10.05.2022 (Annexure P-9) passed by respondent No.1, vide which, the Sub-Divisional Magistrate, Hansi has been appointed as the Administrator of S.D. Mahila Mahavidyalaya, Hansi (Hisar). Further prayer has been made for directing the respondents not to interfere in the working of the college.
2. Learned Senior counsel for the petitioner has submitted that in the present case, vide order dated 10.05.2022 (Annexure P-9), the Sub-Divisional Magistrate, Hansi has been appointed as the Administrator of the S.D. Mahila Mahavidyalaya, Hansi (Hisar) under Section 3 of the Haryana Private Ed
The court emphasized the necessity of a reasoned order and compliance with statutory requirements for the takeover of educational institution management, ruling the Government's action as unlawful.
The court established that educational authorities must adhere to statutory procedures and principles of natural justice when taking drastic actions against educational institutions.
A member of an educational agency's managing body is statutorily disqualified from appointment as the head of an institution. Furthermore, courts will not entertain a petition where an adequate, effi....
A managing committee member working as teacher cannot claim appointment or promotion as Headmaster/Headmistress due to Rule 8 prohibition; writ court should decline interference when efficacious revi....
Administrative orders affecting civil rights require adherence to natural justice principles, including the opportunity for parties to be heard before such orders are enforced.
The appointment of an authorized controller under the U.P. Intermediate Education Act must adhere to principles of natural justice, requiring the decision-maker to provide a fair hearing and avoid bi....
The Transfer of Management Act 1971 requires strict adherence to procedural safeguards, including the right to a fair hearing, before any drastic action such as transferring management can be taken a....
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