Court No. - 39 Case :- WRIT - C No. - 3434 of 2010 Petitioner :- Rajiv Kumar Respondent :- State Of U.P. & Others Petitioner Counsel :- Satyendra Narayan Singh Respondent Counsel :- C.S.C.,Man Mohan Singh Hon'ble Dilip Gupta,J.
The petitioners have sought the quashing of the order dated 11th
December, 2009 issued by the State Government under Section
16-D(4) of the U.P. Intermediate Education Act, 1921 (hereinafter
referred to as the ‘Act’) by which an Authorised Controller has
been appointed to take over the Management of the petitioner-
Institution.
It is the submission of learned counsel for the petitioners that the
said order deserves to be set aside as not only does it not record
any reason as are required to be recorded under Section 16-D(4) of
the Act but it also does not take into consideration the reply filed
by the petitioner to the notice issued under Section 16-D(3) of the
Act.
Learned Standing Counsel appearing for the respondents and Sri
P.S. Baghel, learned Senior Counsel appearing for the Caveator
state that it may not be necessary to file the counter affidavit and
the petition may be disposed of at this stage.
A perusal of the impugned order does indicate that no reason has
been recorded by the State Government for appointing the
Authorised Controller. Under Section 16-D(4) of the Act the State
Government was required to give reasons. The order dated 11th
December, 2009 which has been impugned in the present petition,
therefore, cannot be sustained.
The impugned order dated 11th December, 2009 also mentions
that the petitioners have not filed any reply to the show cause
notice issued under Section 16-D(3) of the Act. Learned counsel
for the petitioner on the basis of the averments made in paragraph
15 of the writ petition states that in fact the reply was submitted by
the petitioners which was received in the office on 16th
September, 2009 but it has wrongly been recorded in the order that
no reply was submitted by the petitioners.
The order dated 11th December, 2009 is, accordingly, set aside.
The State Government may pass a fresh order under Section 16-
D(4) of the Act after giving reasons. While passing the order, the
State Government shall also consider whether the petitioner had
submitted a reply to the show cause notice issued under Section
16-D(3) of the Act.
The writ petition is, accordingly, allowed to the extent indicated
above.
Order Date :- 27.1.2010
GS