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2021 Supreme(All) 1653

ASHWANI KUMAR MISHRA
Committee of Management, S. M. National Inter College – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Hritudhwaj Pratap Sahi, Samarath Singh, Sankalp Narayan, Awanish Kumar Rai, B.K. Singh.
For the Respondent: Kushmondeya Shahi.

JUDGMENT :

Ashwani Kumar Mishra, J.

1. This petition is by the minority institution challenging an order of the District Inspector of Schools, Ghazipur dated 16.3.2021 disapproving the proposed suspension of private respondent as also the orders dated 28.1.2021 and 22.2.2021, which direct payment of salary to be released to the private respondent. The order disapproving the suspension dated 16.3.2021 records that the Manager of the institution had placed the private respondent under suspension on 31.12.2020, whereas the resolution of the Managing Committee to place him under suspension was passed on 3.1.2021. The Inspector, therefore, has observed that on the date of passing of the order of suspension there was no valid resolution by the Managing Committee and, therefore, the order of Manager was without jurisdiction.

2. The aforesaid order is assailed on various grounds. It is urged that being a minority institution the Inspector has no authority to disapprove the resolution for placing private respondent under suspension as the right of minority institution to manage its affairs are infringed. Reliance is placed upon a judgment of this Court in C/M Clancy Intermediate College vs. St

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