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ALOK MATHUR
Ram Bharose Maiku Lal Inter College – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
ALOK MATHUR, J.
1. Heard Sri J.N. Mathur, learned Senior counsel assisted by Sri M.B. Singh, learned counsel for petitioner as well as learned Standing Counsel for respondents.
2. By means of present writ petition, the petitioners have challenged the order of the State Government dated 24.07.2024 wherein in exercise of powers contained in Section 16-D(4) of the Intermediate Education Act, 1921 (hereinafter referred to as ‘Act of 1921’) an authorized controller has been appointed to manage the affairs of the petitioner institution.
3. Two applications for impleadment have been filed on behalf of one Motilal Gupta who was the complainant in the present case and on whose complaint present proceedings have been initiated. While the second application has been filed on behalf of one Diwaker Sahu who is the member of Committee of Management claiming that he has sufficient interest to prosecute the said case against the petitioners.
4. Objections to the application for impleadment has been filed by the petitioner but after arguing the matter at some length, it was submitted that petitioner would not have any objection in case the applicants were heard as intervenors.
5. Accordingly,
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 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 failure to provide a hearing before terminating services violates principles of natural justice, rendering the decision invalid.
State or its instrumentality must not take any irrelevant or irrational factor into consideration or appear arbitrary in its decision. "Duty to act fairly" is part of fair procedure envisaged under A....
The judgment emphasized the importance of adhering to the principles of natural justice and complying with statutory rules in departmental proceedings, and the requirement of obtaining the approval o....
Executive orders cannot override statutory provisions, and appointments made outside prescribed authority are rendered void ab initio.
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