COMMITTEE OF MANAGEMENT SRI MAHANTHU RADHA KRISHNA INTER COLLEGE SAKARPUR Vs. DISTRICT INSPECTOR OF SCHOOLS BALLIA

JUDGEMENT

(1.) -

(2.) BY means of this petition under Article 226 of the Constitution the petitioner, which is Committee of Management of an educational institution known as Mahanthu Radha Krishna Inter College. Sakarpura Khorsena, Ballia (hereinafter referred to as the Institution), has challenged the order dated 16-10-1987 passed by the District Inspector of Schools, Ballia refusing to accord approval to the resolution of the petitioner Committee of Management suspending respondent no. 2 who is Principal of the Institution.

(3.) LEARNED counsel for the petitioner urged that the District Inspector of Schools while according or refusing to accord approval to an order of suspension acts quasi-judicially and, therefore, he must give reasons in his order. His argument is that since the District Inspector of Schools has not given reasons in his order, the said order is illegal and arbitrary. Alternatively it was argued that even if the District Inspector of Schools is held to be acting in administrative capacity, he must give reasons while refusing to accord approval to an order of suspension. LEARNED counsel for the respondent no. 2 argued that the District Inspector of Schools while exercising power according or refusing 10 accord approval to an order of suspension does not act quasi-judicially, and, therefore, no reasons are required to be given by him in his order.