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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
CHANDRA DHARI SINGH
Committee of Management, Hindu Inter College, Kandhla – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. overview of the institution's management and complaints (Para 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. arguments against the impugned order1 (Para 11 , 12 , 13) |
| 3. state's defense and procedural aspects (Para 14 , 15 , 16 , 17 , 18) |
| 4. discussion on natural justice principles (Para 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28) |
| 5. examination of the impugned order's validity (Para 30 , 31 , 32 , 33) |
| 6. conclusion on lawful management transfer (Para 34) |
| 7. final ruling on the writ petition (Para 35) |
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 provisio
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....
Director of Secondary Education holds quasi-judicial power to probe election validity and approvals in aided institutions under School Education Act; jurisdiction distinct from Societies Act; prima f....
A Committee of Management loses authority to conduct elections post-term expiry, necessitating an Authorized Controller to oversee elections, as per statutory provisions.
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.
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....
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.
Point of Law : Order passed by the District Inspector of Schools, Agra directing single operation of bank accounts of the petitioners' institution is set aside and the matter is remitted back to the ....
The court established the validity of the Special Rules in relation to the Management Rules, 1969 and determined that the Special Rules had not been rescinded and were still in operation.
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