Disposed

Dr Mithilesh Gautam v. State of U.P. through Its Secretary (Secondary Eduaction), Government of U.P. and 2 Others

Allahabad HC29 Jul 2024SPLA/263/2024

Case brief

AI extract

What is this about?

Special Appeal wherein the Division Bench disposed of proceedings remitting the matter to the District Inspector of Schools to finalize it within three weeks within three weeks

What did the court decide?

Appeal disposed of. Directed District Inspector of Schools to finalise the proceeding within three weeks from the date of production of a certified copy of this order.

Dr Mithilesh Gautam vs State of U.P. through Its Secretary (Secondary Eduaction), Government of U.P. and 2 Others — Allahabad HC (2024) — LawSathi Research

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Neutral Citation No. - 2024:AHC:152243-DB

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Court No. - 29

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Case :- SPECIAL APPEAL No. - 263 of 2024

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Appellant :- Dr Mithilesh Gautam Respondent :- State Of U.P. Through Its Secretary (Secondary Eduaction), Government Of U.P. And 2 Others Counsel for Appellant :- Vinod Kumar Singh Counsel for Respondent :- Bajrang Bahadur Singh,C.S.C.,Satya Prakash Singh

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Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.

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Heard learned counsel for the parties.

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The instant appeal was heard at length on 1.7.2024 and the matter was adjourned on the request of learned Additional Chief Standing Counsel. For ready reference, the order dated 1.7.2024 is reproduced herein under:

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"1. Heard Sri Vinod Kumar Singh, learned counsel for the appellant/petitioner; Sri Pankaj Rai, learned Additional Chief Standing Counsel for the State-respondents and Sri R.K.Ojha, learned Senior Advocate assisted by Sri Mishra, learned counsel for the respondent no. 3/Committee of Management.

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2. Present Special Appeal under Chapter VIII Rule 5 of Allahabad High Court Rules 1952 is preferred against the impugned judgement and order dated 29.02.2024 in Writ A No. 3195 of 2024 (Dr. Mithilesh Gautam vs. State of U.P. and 2 Others).

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3. The impugned judgement passed by learned Single Judge is challenged on the premise that the approval order accorded by the District Inspector of Schools is per se unsustainable in view of paragraph 14 of the judgement passed by the Division Bench in Tej Narain Singh v. State of U.P. And Others 2008(4) ESC 2301(DB), whereas, in view of the power under Section 16G(7), the District Inspector of Schools has only to examine on prima facie basis as to whether the charges have any substance and as to whether there is material available in support of the charges.

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4. Before proceeding further in the matter, let the District Inspector of Schools concerned file his affidavit on or before the next date of listing. The matter is adjourned on the request of Sri Pankaj Rai, learned Additional Chief Standing Counsel.

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5. Put up this matter on 18.07.2024 as fresh. "

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Thereafter, the matter was taken on 29.7.2024 and 28.8.2024 and the same was adjourned as it had been apprised that the matter is seized before the concerned District Inspector of Schools. In this backdrop, Sri Vinod Kumar Singh, learned counsel for the appellant/petitioner makes a request that the concerned District Inspector of Schools may be directed to finalise the proceeding in question expeditiously.

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As it has been informed that the matter is seized before the concerned District Inspector of Schools, we are not inclined to adjudicate the issue in hand at this stage.

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With the consent of the parties, we dispose of the instant appeal directing the District Inspector of Schools to finalise the proceeding in question within three weeks from the date of production of a certified copy of this order but certainly after according audience to all the parties and without being influenced by the observations made by learned Single Judge.

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Order Date :- 18.9.2024 A.K.Srivastava

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Digitally signed by :- ARUN KUMAR SRIVASTAVA High Court of Judicature at Allahabad

Dr Mithilesh Gautam v. State of U.P. through Its Secretary (Secondary Eduaction), Government of U.P. and 2 Others

Case brief

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Dr Mithilesh Gautam v. State of U.P. through Its Secretary (Secondary Eduaction), Government of U.P. and 2 Others

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