CHANDRASHEKHAR TIWARI Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Siddharth Khare, counsel for the appellant, learned Standing Counsel for the State respondents and Sri G.K. Singh learned Senior Counsel assisted by Sri H.P. Sahi for respondent Nos. 5 and 6.

(2.) This intra-court appeal arises out of judgment and order dtd. 19/12/2022 passed by learned Single Judge in Writ-C No. 37460 of 2022 filed by respondent Nos. 5 and 6 (hereinafter referred to as 'the petitioners').

(3.) The petitioners in the Writ Petition were the Committee of Management of Goswami Tulsi Das Inter College, a recognized Institution under the U.P. Intermediate Education Act, 1921 (hereinafter referred to as 'the Act') and its Manager (respondents no.5 and 6 in the instant appeal). They had, in the writ petition, assailed the order dtd. 4/11/2022 passed by the State Government superseding the Committee of Management in exercise of power under Sec. 16-D(4) of the Act. The writ petition has been allowed on the sole ground that opportunity of hearing was not afforded to the petitioners by the State Government while superseding the Management. The Writ Court has quashed the order impugned in the writ petition and has remitted the matter back to the State Government for passing a fresh order after affording opportunity of hearing to the writ petitioners.