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Allahabad High Court

COMMITTEE OF MANAGEMENT RASHTRIYA KANYA INTER COLLEGE AND ANOTHERversusSTATE OF U.P. AND 4 OTHERS

Decided

Holding

The Court held that the impugned order was not in conformity with the earlier order and therefore set it aside, remitting the matter for a fresh order in accordance with the 19.01.2026 directions and imposing costs on the D.I.O.S.

Summary

The Committee of Management of Rashtriya Kanya Inter College filed a writ petition challenging an order that allegedly contravened a prior order dated 19 January 2026. The petitioners argued that the impugned order failed to consider the Supreme Court‑referenced judgments of Dr. Deepak Bhatiya and Samiuddin Khan and did not verify whether teachers appointed under the self‑financed scheme were selected in accordance with the applicable rules. The Court found merit in the petitioners' contention, noting that the order was passed after a misreading of the earlier directive and without specific observations. Consequently, the Court set aside the impugned order, remitted the matter to the respondents to pass a fresh order strictly adhering to the 19‑January‑2026 directions, and imposed a cost of Rs. 1,00,000 on the District Internal Officer of Sambhal. The cost is to be paid from the officer’s salary into the District Legal Services Authority, and the writ petition was disposed of with these observations.

Issues considered

  • Whether the impugned order was passed in conformity with the earlier order dated 19.01.2026.
  • Whether the appointment of teachers under the self‑financed scheme complied with the applicable rules.
  • Whether the respondents must pass a fresh order after considering the judgments in Dr. Deepak Bhatiya and Samiuddin Khan.
  • Whether costs may be imposed on the D.I.O.S. for misreading the Court's earlier order.

Subjects

  • Writ Petition
  • Appointment
  • Self‑financed scheme
  • Cost
  • Remand
  • Judicial Review
  • Higher Education
  • Administrative Law

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                             WRIT - A No. - 4427 of 2026


Committee Of Management Rashtriya Kanya Inter
College And Another                                                 .....Petitioner(s)
                                       Versus

State Of U.P. And 4 Others
                                                                .....Respondent(s)

Counsel for Petitioner(s)            : Alok Shukla, Saurabh Tripathi, Sr.
                                       Advocate
Counsel for Respondent(s)            : C.S.C.

Court No. - 32
           HON'BLE SAURABH SHYAM SHAMSHERY, J.

1. Heard Sri Prabhakar Awasthi, learned Senior Advocate assisted by Sri
Saurabh Tripathi, learned counsel for petitioners and Sri D.K. Singh,
learned Additional CSC for State.

2. Court finds that impugned order in present writ petition is not passed in
terms of following order dated 19.01.2026 passed in Writ A No. 447/2026
:-

     "1. Heard Sri Prabhakar Awasthi, learned Senior
     Advocate         assisted        by   Sri       Saurabh     Tripathi,
     learned counsel for petitioners and Sri Manvendra
     Dixit, learned Standing Counsel for State.

     2. I find merit in argument of learned Senior
     Advocate         that    case    requires       reconsideration        in
     the light of judgments of coordinate Benches of
     this Court in Dr. Deepak Bhatiya and others vs.
     State       of    U.P.    and    others,        2010:AHC:84637        and
     Samiuddin         Khan    vs.    State     of    U.P.    and    others,
     2012:AHC:72599, therefore, impugned order is set
     aside and matter is remitted back to concerned
     respondent to pass a fresh order strictly after
     considering         above       referred    judgment       and     after
     verifying         whether       teachers    under       self-financed
                                                                                           WRIA No. 4427 of 2026
                                                                       2


                                               scheme were appointed in accordance with Rules
                                               applicable to such posts or not.

                                               3.   Meanwhile,   the   duly   selected   teacher   shall
                                               discharge duties as Ad-hoc Principal.

                                               4. The respondents will take a decision on above
                                               issue within a short period.

                                               5. Writ petition stands disposed of with above
                                               observations."

                                    3. As rightly pointed out by learned Senior Advocate for petitioners that
                                    despite above referred order is not challenged at behest of State-
                                    respondent, still, D.I.O.S., Sambhal has referred that order dated
                                    19.01.2026 was passed after misleading the Court though no specific
                                    reason or observation is made out in impugned order.

                                    4. In view of above, impugned order is set aside and matter is remitted
                                    back to concerned respondent to pass a fresh order strictly in terms of
                                    order of this Court dated 19.01.2026 and a cost of Rs. 1,00,000/- is
                                    imposed on concerned D.I.O.S. since petitioners are constrained to
                                    approach this Court again due to misreading of the order passed by this
                                    Court.

                                    5. The imposed cost will be borne by concerned respondent from his own
                                    salary account and will deposit the same in the account of District Legal
                                    Services Authority, Sambhal within a week.

                                    6. Writ petition stands disposed of with above observations/directions.



                                                                                (Saurabh Shyam Shamshery,J.)
                                    May 5, 2026
                                    N. Sinha




Digitally signed by :-
NIRMAL SINHA
High Court of Judicature at Allahabad


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