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 Government for passing a fresh order after affording opportunity of hearing to the writ petitioners.

4. The brief facts of the case are that the appellant herein (respondent No. 5 in the writ petition) had made complaint against the petitioners and on basis thereof, the Director of Education, on 27.05.2021, recommended to the State Government to supersede the Committee of Management and appoint an Authorized Controller in its place.

5. In pursuance thereof, it seems that the Special Secretary (Secondary Education) heard the parties on 24.06.2021 and 28.12.2021. The petitioners filed a detailed objection on 28.12.2021 to the charges levelled against the Committee of Management and the appellant also filed his reply on the same date. The State Government vide its letter dated 31.12.2021 forwarded the reply submitted by the Committee of Management and the appellant dated 28.12.2021 for factual examination and recommendation by the Director (Secondary) U.P. In pursuance thereof, the Director (Secondary) U.P. obtained reports from the Joint Director of Education, Gorakhpur and District Inspector of Schools, Kushinagar wherein they recommended for superseding the Committee of Management in exercise of power under Section 16-D (4) of the Act on three charges mentioned therein. It was followed by passing of the order impugned in the writ petition dated 4.11.2022 relying on the recommendation of the Director of Education, (Secondary), Uttar Pradesh dated 21.03.2022.

6. Learned counsel for the appellant vehemently contended that the impugned order of learned Single Judge proceeds on a wrong assumption of fact that opportunity of hearing was not given to the petitioners before superseding the Committee of Management. In support of his contention he has placed reliance on the recitals contained in the impugned order to the effect that the Special Secretary (Secondary Education), U.P. heard the parties on 24.06.2021 and 28.12.2021.

7. He has also invited the attention of the Court towards a notice dated 16.03.2022 issued by Deputy Secretary, U.P. Government addressed to Director of Education (Secondary) and District Inspector of Schools, Kushinagar with copy thereof endorsed to the Manager, Committee of Management of the Institution fixing 21.03.2022 as date for hearing in connection with the proceedings relating to appointment of Authorized Controller. It is submitted that the said communication further reveals that yet another opportunity of hearing was given to the parties on 21.03.2022 and thus it is submitted that learned Single Judge committed an error apparent on the face of record in remitting the matter back to the State Government for affording opportunity of hearing to the writ petitioners.

8. Sri G.K. Singh, learned Senior Counsel, appearing for the petit