COMMITTEE OF MANAGEMENT BALLABH BHAI PATEL INTER COLLEGE AND ANOTHERversusSTATE OF U.P. AND 2 OTHERS

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                       WRIT - A No. - 13293 of 2026


Committee Of Management Ballabh Bhai Patel
Inter College And Another                                 .....Petitioner(s)
                                  Versus

State Of U.P. And 2 Others
                                                        .....Respondent(s)

Counsel for Petitioner(s)      : Anil Kumar, Saurabh Tripathi, Sr.
                                 Advocate
Counsel for Respondent(s)      : C.S.C., Ishwar Prasad Singh

Court No. - 6
                 HON'BLE SIDDHARTH NANDAN, J.

1. Heard Shri Prabhakar Awasthi, learned Senior Counsel assisted by Shri
Anil Kumar, Advocate appearing on behalf of the petitioners, Shri G.K.
Singh, learned Senior Counsel assisted by Shri Pradeep Kumar Singh,
Advocate appearing on behalf of respondent no.3 and learned Standing
Counsel for the respondent nos.1 and 2.

2. The contention of learned counsel for the petitioner is that by way of
the impugned order dated 07.08.2026, while pending consideration under
Section 16G of the Act, 1921, as an interim measure the District Inspector
of Schools, Mirzapur has issued certain directions in the backdrop of the
exigency enumerated therein, for continuing the Principal, in spite of the
fact that under Section 16G(7) it has been specifically provided that no
order of suspension shall, unless approved in writing by the District
Inspector of Schools remain in force for more than 60 days from the date
of commencement of the Act, 1975. In view of the aforesaid, contention
of learned Senior Counsel is that for a period of 60 days, the suspension
cannot be directed to be kept in abeyance, unless the same is approved in
writing by the District Inspector of Schools.

3. Per contra, Shri G.K. Singh, learned Senior Counsel appearing on
behalf of the respondent no.3 submits that since the documents requisite,
for taking the decision for approval of the suspension as contemplated
under law, was not forwarded and since the online examination forms for
the examinations to be held in the year 2027 were to be filled up; and
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                                    accordingly considering the said contingency, the District Inspector of
                                    Schools, had issued the impugned directions. It has also been stated
                                    across the bar that the charge- sheet has been issued on 06.08.2026 and it
                                    is also admitted that 60 days from the date of suspension letter i.e.
                                    27.07.2026, has not yet expired; and the District Inspector of Schools has
                                    not approved in writing the said order of suspension.

                                    4. In view of the aforesaid, it is admitted between the parties that the
                                    suspension unless revoked, shall continue for a period of 60 days and as
                                    such the impugned directions cannot be sustained.

                                    5. Shri G.K. Singh. learned Senior Counsel has not disputed the aforesaid
                                    proposition and at this stage has submitted that the ends of justice shall be
                                    served by disposing of the present petition with a direction upon the
                                    District Inspector of Schools, Mirzapur to take the decision regarding the
                                    approval of the suspension order within a period of two weeks; to which
                                    Prabhakar Awasthi learned Senior Counsel appearing on behalf of the
                                    petitioner does not have any objection.

                                    6. In view of thereof no fruitful purpose shall be served in keeping the
                                    present petition pending and by the consent of the parties the same is
                                    being decided at the admission stage itself; with a direction on the
                                    respondent no.4-District Inspector of Schools, Mirzapur to take the
                                    decision regarding the approval or disapproval of the suspension order
                                    dated 27.07.2026 within a period of two weeks from today; and the
                                    learned Standing Counsel shall communicate this order to the respondent
                                    no.4-District Inspector of Schools, Mirzapur forthwith for compliance.

                                    7. Accordingly, the order dated 07.08.2026 is set aside, being contrary to
                                    the provisions, indicated herein above.

                                    8. With the aforesaid observations/directions, the writ petition stands
                                    disposed off.



                                                                                        (Siddharth Nandan,J.)
                                    September 8, 2026
                                    S.Prakash




Digitally signed by :-
SHASHI PRAKASH
High Court of Judicature at Allahabad