The central legal point established in the judgment is the importance of following principles of natural justice before taking any action against the Committee of Management in cases of financial irregularities at educational institutions.

IRSHAD ALI, J.

1. Heard Sri G.C. Verma, learned counsel for the petitioners and to Sri Alok Sharma, learned Additional Chief Standing Counsel for the State respondents, Sri Vindhya Washini Kumar, learned counsel for respondent No.8.

2. By means of the present writ petition, the petitioners are challenging the orders 08.05.2018, 25.05.2018, contained as Annexure Nos.7 and 8 to the writ petition as well as the order dated 14.01.2019, contained as Annexure No.37 to the writ petition.

3. Brief fact of the case is that Sri Kanhaiya Bux Singh Laghu Madhyamik Vidyalaya, Madhawapur Tikri, Nawabganj, District Gonda was initially a junior high school from Class VIth to VIIIth and vide order dated 26.04.1980, recognition to the primary section was granted w.e.f. 01.07.1979. The junior high school from Class VIth to VIIIth was taken in the list of grant in aid vide Government Order dated 30.03.1989 along with other Vidyalayas and name of the petitioner's institution finds place at serial No.24. The junior high school was upgraded as high school vide order dated 17.03.2004 and subsequently upgraded as intermediate college vide order dated 04.09.2009.

4. The allegation in the complaint is that at the time of taking the junior high school on the grant in aid list, in the application forms, it has been stated that there is no primary section attached to the junior high school.

5. Another allegation is that by showing back date appointment of the teachers and other staff, payment of salary has been obtained by several institutions including the petitioner's institution with the collusion of the office of the District Basic Education Officer and Finance and Accounts Officer of the said office. It has also been pointed out that in spite of ban imposed in regard to the appointment of clerical posts as well as on the post of teachers, by showing back date appointment, approval has been accorded to the appointment of teachers and other staff, who are getting salary from the State Exchequer.

6. Taking note of the complaint, an inquiry Committee has been constituted to inquire into the allegations levelled against certain institutions of District Gonda.

7. Submission of learned counsel for the petitioners is that the institution in question was recognized as Junior High School under the Basic Education Act, 1972. Subsequently, it was upgraded as High School and Intermediate College and now it is governed under the provisions of U.P. Intermediate Education Act, 1921 (for short, "the Act").

8. In regard to the financial irregularities found upon inspection against an institution recognized under the provisions of "the Act", there is full fledged procedure prescribed under Section 16-D of "the Act", to initiate proceeding against the Committee of Management and the Director of Secondary Education is empowered to issue show cause notice to the Committee of Management on the irregularities found and may make recommendation to the State Government to take action by superseding the Committee of Management and to appoint an authorized controller over the institution to remove the difficulties and irregularities going on in the institution.

9. By means of the impugned orders, direction has been issued to make inquiry in regard to the petitioner's institution by the officers of the Basic Education Department, which has been impugned in the present writ petition.

10. In the present writ petition, it has been alleged that some complaint was lodged to the office of the Chief Minister against the petitioners' institution and thereafter, an inquiry was made and report was submitted in the matter. Thereafter, some other complaints have been filed by unknown persons to the Chief Minister and vide order dated 08.05.2018, direction was issued to constitute a three member's Committee to look into the matter.

11. In pursuance to the order passed by the Chief Minister, a five member's Committee has been constituted to conduct the inquiry consisting of the Secretary Basic E