MADARSA ARABIA RIZVIA ZIAUL ULOOM, ADRI, DISTRICT MAU AND OTHERS Vs. DISTRICT BASIC EDUCATION OFFICER, MAU AND OTHERS

JUDGEMENT

(1.) The matter here arises from a writ petition filed by the appellants seeking the quashing of the order of the Basic Shiksha Adhikari of Dec. 31, 1990 (wrongly mentioned in the judgment of the learned Single Judge to be Dec. 23, 1990) whereby the earlier order of Sept. 20, 1989 was set aside on the ground that it has been obtained by misrepresentation and fraud.

(2.) It is the contention of the learned counsel for the appellants that the finding that the order of Sept. 20, 1989 had been obtained by fraud or misrepresentation had been recorded without any opportunity having been granted to the appellants to be heard. We do not find any material on record to contradict this statement of the counsel for the appellants.

(3.) Keeping in view the circumstances of the case, we dispose of this Special Appeal, with liberty to the appellants to move the Basic Shiksha Adhikari with a view to show that the order of Sept. 20, 1989 had not been obtained by any fraud or misrepresentation. Let the Basic Shiksha Adhikari afford due opportunity to the appellants to be heard in this matter as also respondents and thereafter pass appropriate orders in accordance with law.