Court No. - 38 Case :- WRIT - C No. - 36915 of 2010 Petitioner :- C/M Siyaram Singh Uch. Madhyamik Vid. Palhrai And Another Respondent :- State Of U.P. And Others Petitioner Counsel :- Prabhakar Awasthi Respondent Counsel :- C.S.C. Hon'ble Shishir Kumar,J.
Heard learned counsel for the petitioners and learned Standing
Counsel.
Petitioners are aggrieved by the order / show cause notice dated
26.05.2010, passed by District Inspector of Schools, Shahjahanpur,
by which an observation has been made that certain admissions
have been done in Class-IX which are in contravention of the
registration for the year 2009-10. Further denial has been made
regarding issuance of Registration Form of 90 students for Class-
IX. The contention of the petitioners is that said order has been
passed in presumptions and no physical verification has been done
by the authority concerned. Petitioners submit that they have made
a specific averment in Para 17 of the writ petition that unless and
until a physical verification is made, no finding can be recorded by
the competent authority as has been stated in the order dated
26.05.2010.
On the other hand, learned Standing Counsel has raised an
objection that it is a mere show cause notice with certain
observations, therefore, it cannot be treated as an order and
petitioners are at liberty to submit a reply of the show cause notice.
After considering the submissions made on behalf of the parties, in
my opinion, it appears that certain observations have been made by
the District Inspector of Schools that why a proceeding for
cancellation / recommendation be not made to the Secretary,
Madhyamik Shiksha Parishad in view of the irregularities
committed by the petitioners-Institution. Petitioners submit that
they have already submitted a reply. In my opinion, it will be
appropriate that as these questions have to be considered by the
relevant authority, whether the admissions / registration has been
done by the petitioners after August 2009 and in a proper
procedure or not, on the basis of relevant record, therefore, in my
opinion, it will be appropriate that the competent authority i.e.
District Inspector of Schools may decide the controversy after
recording a reasoned finding on the basis of reply submitted by the
petitioners. After perusal of the relevant records, it will be
appropriate in the interest of justice that petitioners may be given a
personal hearing. The appropriate orders be passed by respondent
No.4 within a period of three weeks from the date of production of
certified copy of the order.
The writ petition is disposed of accordingly.
No order as to costs.
Order Date :- 28.6.2010
NS