Allahabad High Court
COMMITTEE OF MANAGEMENT, SMT. VIMLA DEVI INTER COLLEGE AND ANOTHERversusSTATE OF U.P. AND 6 OTHERS
- Decided
Holding
The Committee of Management holds the power to initiate an inquiry into the alleged fraudulent appointment, and the petition is disposed with liberty to the respondent to raise objections if an inquiry is commenced.
Summary
The petitioners, Committee of Management of Smt. Vimla Devi Inter College, challenged the appointment of respondent No.6, alleging it was fraudulent. The respondent, a government employee since 1994 with two promotions and no prior inquiry, contended that any inquiry should allow his participation. The Court noted that the power to initiate an inquiry into such appointments rests with the Committee of Management. It held that the petitioners may proceed with an inquiry in accordance with law, and the respondent may raise objections on law and fact if an inquiry is initiated. Consequently, the writ petition was disposed, granting liberty to the respondent to contest any future inquiry.
Issues considered
- Whether the Committee of Management has the authority to initiate an inquiry into alleged fraudulent appointment of respondent No.6.
- Whether respondent No.6 is entitled to participate and raise objections in such an inquiry.
Subjects
- writ petition
- inquiry
- appointment fraud
- Committee of Management
- administrative law
- education institution
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 4548 of 2026
Committee Of Management, Smt. Vimla Devi Inter
College And Another .....Petitioner(s)
Versus
State Of U.P. And 6 Others
.....Respondent(s)
Counsel for Petitioner(s) : Arvind Singh
Counsel for Respondent(s) : Alok Dwivedi, C.S.C., Shivam Singh
Court No. - 32
HON'BLE SAURABH SHYAM SHAMSHERY, J.
1. Heard Sri Prabhakar Awasthi, learner Senior Advocate assisted by Sri
Arvind Singh, learned counsel for the petitioner and Sri Alok Dwivedi,
learned counsel for the respondent no.6.
2. At this stage Court finds that respondent no.6 is working since 1994 and
has also been granted promotion twice and admittedly, till date, no inquiry
has been initiated against him.
3. So far as allegation that appointment of respondent no.6 was fraud, there
is not much dispute that power to initiate inquiry in such circumstances is
with the Committee of Management, therefore, at this stage, learned Senior
Advocate appearing on behalf of petitioner submits that petitioner will
initiate inquiry in accordance with law.
4. Learned counsel for the respondent no.6 submits that in case an inquiry is
initiated he will be allowed to participate in it.
5. In the aforesaid circumstances, this writ petition is disposed of with liberty
to respondent no.6 to raise all the objections on law as well as on facts also if
any inquiry is initiated by the petitioner.
May 7, 2026 (Saurabh Shyam Shamshery,J.)
SB
Digitally signed by :-
SANDEEP BHATTACHARYA
High Court of Judicature at Allahabad
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