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High Court of Allahabad
R.M. Sahai, B.N. Misra, JJ.
Ramadhar Shashtri – Appellant
Versus
Deputy Director of Education, Iv Region, Allahabad – Respondent
Civil Misc. Writ No. 15634 of 1986
Decided On : Dec 03, 1986
Procedure - Education Act - The Deputy Director of Education reversed the process of filing documents before the hearing, which was contrary to law and vitiated the order. The Deputy Director was directed to decide the dispute afresh after hearing both parties and affording opportunity to file evidence, in rebuttal.
Fact of the Case:
The petition is directed against an order passed by the Deputy Director of Education, IV Region, Allahabad under Sec. 16-A (7) of U. P. Intermediate Education Act. The hearing was conducted on 27th May, 1986, and both parties were permitted to file documents until 10th June, 1986. The Deputy Director relied on the evidence filed after the hearing, which was contrary to the procedure.
Finding of the Court:
The Deputy Director's reversal of the process of filing documents before the hearing was deemed to be a grave error of procedure, which vitiated the order. The Deputy Director was directed to decide the dispute afresh after hearing both parties and affording an opportunity to file evidence, in rebuttal. The District Inspector of Schools, Etawah was directed to carry on the management of the Institution until the dispute is decided by the Deputy Director.
Issues: The main issue was the procedural error committed by the Deputy Director of Education in reversing the process of filing documents before the hearing, which influenced the decision.
Ratio Decidendi: The court's decision was influenced by the procedural error committed by the Deputy Director, which led to the order being vitiated. The court directed the Deputy Director to decide the dispute afresh after hearing both parties and affording an opportunity to file evidence, in rebuttal.
Final Decision: The petition was disposed of accordingly, with the Deputy Director of Education being directed to decide the dispute afresh and the District Inspector of Schools, Etawah being directed to manage the Institution until the dispute is resolved.
1. 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/Sec. 16-A (7) of U. P. Intermediate Education Act.
2. 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 lateron.
3. 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.
4. 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.
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