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MANOJ KUMAR GUPTA, SYED QAMAR HASAN RIZVI
Chandrashekhar Tiwari – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard Sri Siddharth Khare, counsel for the appellant, learned Standing Counsel for the State respondents and Sri G.K. Singh learned Senior Counsel assisted by Sri H.P. Sahi for respondent Nos. 5 and 6.
2. This intra-court appeal arises out of judgment and order dated 19.12.2022 passed by learned Single Judge in Writ (C) No. 37460 of 2022 filed by respondent Nos. 5 and 6 (hereinafter referred to as ‘the petitioners’).
3. The petitioners in the Writ Petition were the Committee of Management of Goswami Tulsi Das Inter College, a recognized Institution under the U.P. Intermediate Education Act, 1921 (hereinafter referred to as ‘the Act’) and its Manager (respondents no. 5 and 6 in the instant appeal). They had, in the writ petition, assailed the order dated 04.11.2022 passed by the State Government superseding the Committee of Management in exercise of power under Section 16-D(4) of the Act. The writ petition has been allowed on the sole ground that opportunity of hearing was not afforded to the petitioners by the State Government while superseding the Management. The Writ Court has quashed the order impugned in the writ petition and has remitted the matter back to the State
The court affirmed that administrative powers under the Uttar Pradesh Education Act were exercised correctly, as the Committee of Management was given adequate opportunity for reply and the impugned ....
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 principle of natural justice mandates that a Committee of Management must be given an opportunity to be heard before disapproval of its recommendation for dismissal or similar actions.
The central legal point established in the judgment is the interpretation of the provisions of the U.P. Technical Education Act, 1962 and the regulations framed under the said Act, specifically focus....
A Manager of a Committee of Management cannot initiate a writ petition without prior authorization from the Committee, thus impacting the maintainability of such petitions.
The central legal point established in the judgment is the requirement of affording due opportunity of hearing to the members of a society before passing government orders that affect their rights, i....
Compliance with statutory requirements for appointment of Authorised Controller and the principle of 'Delegatus non potest delegare'
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