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 order was supported by sufficient reasons and evidence.

JUDGMENT :

CHANDRA DHARI SINGH, J.

1. The instant writ petition has been filed by the petitioner to issue a writ, order or direction in nature of certiorari quashing the impugned order dated 19.05.2025 passed by respondent no.1 i.e. Special Secretary, Secondary Education, Government of U.P. and also prayed for issuance of writ, order or direction in the nature of mandamus directing the respondent authorities not to interfere in the peaceful functioning of petitioners’ Committee of Management of the Institution.

Factual Matrix

2. The petitioners’ Institution is Non-Government aided Secondary School recognized upto Intermediate level. The above-said Institution is governed under the provision of UTTAR PRADESH INTERMEDIATE EDUCATION ACT , 1921 (here-in-after referred to as “the Education Act”) and regulation made therein. The school has an administration plan, approved and sanctioned by the department to run the Institution in accordance with Scheme. The Committee of Management of School was constituted as per the promulgated provisions. As per the scheme, the term of Committee of Management is three years and one month.

3. The last election of Committee of Management was held on 29.10.2023, in which one Pradeep Kumar Singhal was elected as Manager and one Satish Kumar Mittal was elected as President of Committee of Management of the Institution, which has been duly recognized by the District Inspector of Schools, Shamli (for short the “D.I.O.S.”).

4. Due to bad health, the then Manager Sri Pradeep Kumar Singhal had resigned from the post of Manager and the same had been accepted by the Committee of Management and Committee of Management has elected Sri Akash Kumar Singhal as a Manager for remaining period of Committee of Management of the Institution.

5. One Raj Kumar had made a complaint before the Director of Education (Secondary) U.P., Prayagraj against the Manager and requested for initiation of an enquiry against the said Manager. On the above-said complaint, Director of Education (Secondary) U.P., Prayagraj directed to the Joint Director of Education (Secondary), Saharanpur Region, Saharanpur to make an enquiry against the petitioner. The Director of Education (Secondary) U.P., Prayagraj issued a show cause notice on 16.08.2023 under Section 16-D(3) of the Education Act to the petitioner. Against the said show cause notice dated 16.08.2023, petitioner preferred a writ petition bearing Writ – C No.32169 of 2023 before this Court for quashing the said show cause notice on the ground that Director of Education (Secondary) U.P., Prayagraj has initiated the proceeding with mala fide intention on the complaint of the complainant.

6. The above-said Writ – C No.32169 of 2023 has been dismissed by this Court on the ground that the instant writ petition was filed at premature stage as no final order had been passed. After completion of initial enquiry, the Divisional Finance and Account Officer, office of Joint Director of Education, Saharanpur Division, Saharanpur has submitted a report dated 25.01.2022 to the Joint Director of Education, Saharanpur Division, Saharanpur and subsequently the said report was forwarded to the Director of Education (Secondary) U.P., Prayagraj vide covering letter dated 03.02.2022. The Additional Director of Education (Secondary) U.P. issued a notice on 25.02.2022 to the petitioner and sought the explanation within thirty days.

7. The Additional Director of Education (Secondary) U.P. made a report on 11.12.2024 and