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.

JUDGMENT :

SHREE PRAKASH SINGH, J.

1. Heard Mr. M.B. Singh and Mr. Vikas Singh, learned counsels for the petitioners, Mr. Brijendra Singh, learned Additional Chief Standing Counsel for the State and Mr. Indra Pratap Singh, learnedcounsel for the opposite party no. 6.

2. By means of the present writ petition, the petitioners have assailed the order dated 26-09-2025 passed by the District Inspector of Schools-II, Lucknow, whereby the matter has been remitted back to the Committee of Management, while disapproving the recommendation of the Committee of Management, for dismissal ofthe services of the opposite party no. 6.

3. Briefly stated facts are that Chutki Bhandar Girls Intermediate College, Lucknow(hereafter referred to as 'College'), is recognized by the U.P. Intermediate Education Board and imparts education upto intermediate and the college receives grant-in-aid from the state government and the provisions of the U.P. Intermediate Education Act, 2021 as well as the U.P. High School and Intermediate College(Payment of Salary to the Teachers and Other Employees) Act,1971, are fully applicable on the teaching and non teaching staffsof the college.

4. Factual matrix of the case are that Smt. Shubhra Pandey, took voluntarily retirement, who was working as adhoc principal and thereafter, opposite party no 6, Dr. Suman Shukla, who was working as Lecturer (Civics) in the college, was given the charge of the post of Principal, on officiating basis, on 01-03-2024 and her signatures were sent for approval and attestation, before the District Inspector of Schools (DIOS), which was returned by him, without any approval.

5. It is said that after the officiating charge was given to opposite party no. 6, her behaviour was observed as being rude and uncalled for and she has also started disobeying the instructions of the Committee of Management of the college. On several complaints received against the opposite party no. 6, the preliminary enquiry was instituted against her and thereafter, the Committee of Management in it's meeting dated 13-07-2024, has unanimously resolved for handing over the charge to the another seniormost teacher, namely, Smt. Sunita on place of opposite party no. 6 and the opposite party no. 6 was directed to hand over the charge to Smt. Sunita, but, that was declined by her and she forcibly continued herself as officiating Principal and created unpleasant and awkward situation and thereafter looking into the unruly behaviour of opposite party no. 6, under the compelling circumstances, the Committee of Management suspended her and contemplated an enquiry proceeding and the papers regarding the approval of suspension have also been forwarded to the District Inspector of Schools, Lucknow for it's approval, which was disapproved and being aggrieved , the Committee of Management instituted Writ A No. 8442 of 2025, wherein this Hon'ble Court passed the order, on 21-11-2025, whereby the order of disapproval dated 09-07-2025, passed by the District Inspector of Schools, has been quashed and the matter has been remitted back to the DIOS-II Lucknow to pass order afresh, which is still pending consideration.

6. Further, facts are that in the meanwhile, the Enquiry Committee constituted by the college of management for conducting enquiry against the opposite party no. 6, completed the enquiry proceedings and sub