Allahabad High Court
AKHILESH RANAversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The order dated 27‑06‑2015 is set aside and the matter remanded to the District Inspector of Schools to pass a fresh order considering the representation and compliance with Regulation 37.
Summary
The petition filed by Akhilesh Rana challenged an order dated 27 June 2015 issued by the District Inspector of Schools, Ghaziabad, on the ground that the appellate authority had not properly considered the representation filed on 11 May 2015, particularly the points raised in paragraph 5(2) and (3). The petitioner also contended that Regulation 37 of Chapter III of the Uttar Pradesh Intermediate Education Act, 1921 required the supply of a copy of the inquiry report with the second show‑cause notice, which was not done. The High Court held that the representation was inadequately considered and the omission of the inquiry report rendered the show‑cause process defective. Consequently, the Court set aside the order of the District Inspector and remanded the matter to him to pass a fresh order within three weeks, taking note of the observations. The writ petition was thereafter disposed.
Issues considered
- Whether the order of the District Inspector of Schools dated 27‑06‑2015 is liable to be set aside for failure to consider the representation filed on 11‑05‑2015, especially the grounds in para 5(2) and (3).
- Whether Regulation 37 of Chapter III of the Uttar Pradesh Intermediate Education Act, 1921 mandates furnishing a copy of the inquiry report along with a second show‑cause notice.
- Whether the non‑provision of the inquiry report vitiates the validity of the show‑cause process.
Legislation cited
- Uttar Pradesh Intermediate Education Act, 1921 — s. Regulation 37 of Chapter III
Subjects
- writ petition
- administrative law
- school regulation
- inquiry report
- show cause notice
- remand
- set aside
- Uttar Pradesh Intermediate Education Act
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 43111 of 2015
Akhilesh Rana
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : H.P. Sahi, Prabhakar Awasthi, V.K. Singh
Counsel for Respondent(s) : Anand Kumar Singh, C.S.C., R.M. Saggi
Court No. - 32
HON'BLE SAURABH SHYAM SHAMSHERY, J.
1.Heard Sri Prabhakar Awasthi, learned Senior Advocate assisted by Sri Nitesh Shah,
learned counsel for the petitioner, Sri Akhilesh Rana, petitioner in person
and Sri Anand Kumar Singh, learned counsel for the respondents.
2. This writ petition is of the year 2015 and is finally decided after 11 years.
3. Court finds that matter is required to be reconsidered by the District Inspector of
Schools especially on the grounds mentioned in the representation dated 11.5.2015,
specifically grounds taken in para no.5, i.e. (2) and (3) which were vaguely rejected by
the Appellate Authority i.e. Manager and absolutely not considered by the concern
D.I.O.S. and effect of Regulation 37 of Chapter III of Uttar Pradesh Intermediate
Education Act, 1921 be also considered that whether it was mandatory to supply a
copy of inquiry report along with second show cause notice or not and effect thereof if
any, since admittedly copy of the inquiry report was not provided to the petitioner.
4. Accordingly the order dated 27.6.2015 passed by the District Inspector of Schools,
Ghaziabad is set-aside and matter is remanded to him to pass a fresh order within a
period of three weeks taking note of aforesaid observations.
5. Writ Petition is accordingly disposed of.
(Saurabh Shyam Shamshery,J.)
May 12, 2026
SB
Digitally signed by :-
SANDEEP BHATTACHARYA
High Court of Judicature at Allahabad
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