Allahabad High Court

COMMITTEE OF MANAGEMENT SRI MOTILAL INTER COLLEGE AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS

Decided: 5 May 2026
Bench: SAURABH SHYAM SHAMSHERY

Holding

The appeal must be decided on its merits by the Joint Director of Education, and the termination and suspension orders that have been set aside cannot be interfered with.

Summary

The Committee of Management of Sri Motilal Inter College filed a writ petition challenging the procedure followed by the Joint Director of Education, Agra Region, who had referred an appeal under Section 16(G) of the U.P. Intermediate Education Act, 1923 to the District Inspector of Schools instead of deciding it himself. The High Court observed that this delegation was not the proper procedure and directed that the appeal dated 7‑3‑2026 be decided on its merits by the Joint Director. The Court also noted that a respondent’s termination order dated 27‑2‑2026 and suspension order had been set aside, and therefore the order dated 31‑3‑2026 allowing the respondent to re‑join could not be interfered with. Accordingly, the writ petition was disposed with the above directions.

Issues considered

Whether the Joint Director of Education erred in delegating the decision of an appeal under Section 16(G) of the U.P. Intermediate Education Act, 1923 to the District Inspector of Schools.
Whether the termination and suspension orders against the respondent can be set aside or interfered with.

Legislation cited

U.P. Intermediate Education Act, 1923 — s. 16(G)

Subjects

writ petition
procedural impropriety
education law
Section 16(G)
Uttar Pradesh
appeal
termination
suspension
administrative law

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                           WRIT - A No. - 5757 of 2026

                                    Committee Of Management Sri Motilal Inter College
                                    And Another                                                    .....Petitioner(s)
                                                                       Versus
                                    State Of U.P. And 3 Others
                                                                                                .....Respondent(s)

                                    Counsel for Petitioner(s)            :   Ramesh Chandra Dwivedi
                                    Counsel for Respondent(s)            :   Awadhesh Pratap Singh, C.S.C.

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

                                    1. Heard Sri Ramesh Chandra Dwivedi, learned counsel for the petitioner
                                    and Sri Awadhesh Pratap Singh, learned counsel for the respondents.


                                    2. At this stage Court finds that petitioner, Committee of Management has
                                    already approached Joint Director of Education, Agra Region Agra by way
                                    of filing an appeal under Section 16 (G) of UP Intermediate Education Act,
                                    1923 and since instead of deciding the matter on merit, said Authority has
                                    asked the District Inspector of Schools to decide the same which was not the
                                    proper procedure, therefore, this writ petition is disposed of with a direction
                                    that appeal dated 7.3.2026 be decided on merits under the aforesaid
                                    provisions by Joint Director of Education, Agra Region Agra.

                                    3. So far as other order is concern since concerned respondent is now not
                                    under termination vide an order dated 27.2.2026 and order of suspension
                                    was also set-aside, therefore, a direction to allow said respondent to join by
                                    other impugned order dated 31.3.2026 cannot be interfered and it is directed
                                    that same be complied with.



                                                                                (Saurabh Shyam Shamshery,J.)
                                    May 6, 2026
                                    SB




Digitally signed by :-
SANDEEP BHATTACHARYA
High Court of Judicature at Allahabad

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