Allowed

C/M Life Design School and Another v. State of U.P. and 4 Others

Allahabad HC10 Jul 2020WRIC/11053/2020

Case brief

AI extract

What is this about?

Petitioner challenged an order withdrawing its school affiliation as it lacked reasons. The High Court quashed the order, directing the authority to apply mind to the charges and defence and pass a reasoned order within three months.

What did the court decide?

The order of 2.3.2020 withdrawing affiliation is quashed. The District Basic Education Officer must pass a reasoned order within three months.

C/M Life Design School and Another Vs State of… — Education and Admissions | Allahabad HC (2020)

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Court No. - 36

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Case :- WRIT - C No. - 11053 of 2020

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Petitioner :- C/M Life Design School And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Samarath Singh,Hritudhwaj Pratap Sahi,Sankalp Narain Counsel for Respondent :- C.S.C.,Kartikeya Saran,Shyam Krishna Gupta

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Hon'ble Ashwani Kumar Mishra,J.

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This petition is directed against an order dated 2.3.2020, passed by the District Basic Education Officer, Moradabad, dated 2.3.2020, whereby affiliation granted earlier to the petitioner institution has been withdrawn.

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The order is assailed on the ground that though contents of show cause notice and exhaustive reply given to it by the petitioner institution has been noticed in the order but thereafter there is neither any consideration of reply/defence setup by the petitioner institution nor any reasons have been disclosed in the order not to accept petitioner's defence.

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Faced with the above contention, learned counsel for the respondents submits that authorities be permitted to revisit the issue.

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I have heard Sri V. K. Singh, learned Senior Counsel assisted by Sri H. P. Sahi for the petitioner institution, Sri Pranav Ojha, learned Additional Chief Standing Counsel for the State authorities, Sri S. K. Gupta, learned counsel for the District Basic Education Officer and Sri Kartikeya Saran, who has entered appearance on behalf of the complainant and have perused the materials brought on record.

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Law is settled that reason is the soul of order and where order contains no reasons it becomes lifeless and cannot be sustained. It is not in dispute that petitioner institution was granted affiliation long back and the educational institution is also functioning for several decades. Proceedings for revocation of affiliation got initiated on the ground that the building itself is in dilapidated condition and on various other grounds. The petitioner institution has submitted exhaustive reply to the notice which although has been noticed in the order of the authority but there is neither any consideration nor any reasons have been recorded for not accepting the defence of petitioner institution.

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The order dated 2.3.2020 since fails to meet requirement of a valid order due to absence of reasons therein it cannot be sustained and is quashed. The District Basic Education Officer concerned shall apply his mind to the charges levelled against the institution as also the defence setup by it and thereafter would pass an appropriate reasoned order in accordance with law, within a period of three months from the date of presentation of copy of this order.

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Writ petition stands allowed.

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Order Date :- 10.7.2020 Ashok Kr.

C/M Life Design School and Another v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

C/M Life Design School and Another v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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