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1974 Supreme(All) 312

G. C. MATHUR, J. M. L. SINHA
State of U. P. – Appellant
Versus
Committee of Management, Adarsh Kanya Uchchatar Madhyamik Vidyalaya – Respondent


Advocates appeared:
Standing Counsel, for the Appellants; R. H. Zaidi and H. S. Nigam, Advocates, For the Respondents

JUDGMENT

G. C. Mathur, J. - This is an appeal against the judgment of H. N. Seth, J., allowing the writ petition filed by respondent Nos. 1 and 2 and quashing the order of the State Government dated July 9, 1973, passed under Sec. 16-D (5-A) of the Intermediate Education Act, appointing an Authorised Controller for the Adarsh Kanya Uchchatar Madhyamik Vidyalaya, Kanpur.

2. It appears that on March 12, 1969, an order was passed suspending the grant-in-aid of the Vidyalaya. The order was challenged before this Court in a writ petition and was quashed on July 31, 1970. Thereafter another order was passed by the State Government on June 8, 1970 purporting to be under Clause (20) of the Scheme of Administration of the Vidyalaya appointing an Administrator to manage the affairs of the institution. This order was also challenged before this Court in a writ petition and was quashed on September 13, 1971. The Director of Education then served a notice dated June 23, 1972 under Sec. 16-D (2) of the Act upon the manager of the institution pointing out certain defects in the running of the institution and requiring the manager to remove them and to submit his compliance report within fifteen da

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