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2004 DIGILAW 1359 (ALL)

Committee of Management, Kisan Junior High School, Kurmauta (Manjharia), Kushi Nagar v. Zila Basic Shiksha Adhikari, Kushi Nagar

2004-07-27

ARUN TANDON

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ORDER Arun Tandon, J.—The alleged Committee of Management of Kisan Junior High School, Karmauta (Manjharia), district Kushi Nagar through its Manager Srimati Chandrawati Devi has filed the present writ petition against the order dated 30.6.2004, passed by the Zila Basic Shiksha Adhikari, Kushi Nagar recognising the election set up by respondent No. 4. On behalf of the petitioner it is contended that the dispute with regard to the election of the Committee of Management was referred under the orders of this Court dated 19.4.2004, passed in Writ Petition Nos. 1147 of 2000 and 41344 of 2000 for adjudication before the Zila Basic Shiksha Adhikari, Kushi Nagar. It is not disputed that on 29.6.2004, the Zila Basic Shiksha Adhikari issued notice to the parties concerned, to the petitioner as well as to respondent No. 4 which was dispatched from his office on 30.6.2004, wherein a week’s time was granted to file reply to the notice along with documentary evidence proposed to be relied upon. On the date the said letter has been dispatched, i.e., 30.6.2004, the impugned order has been passed. According to the petitioner there has been manifest non-compliance of the principles of natural justice inasmuch as the time granted in the letter dated 29.6.2004 had not expired and the Zila Basic Shiksha Adhikari, Kushi Nagar preponed hearing without notice to the petitioner and passed the impugned order dated 30.6.2004. 2. On behalf of respondent No. 4 it is contended that the petitioner had appeared before the Zila Basic Shiksha Adhikari and had also filed his reply on 30.6.2004 and in view of the aforesaid facts the Zila Basic Shiksha Adhikari proceeded to pass the impugned order, therefore, there is no illegality in the order passed by the Zila Basic Shiksha Adhikari. 3. For the records it is not in dispute that a week’s time was granted to the petitioner as well as to respondent No. 4 to file reply as well as documents in support thereof. It is not borne out from the record that on receipt of the said notice any reply was filed by the respondent No. 4. Even if a reply was filed by the respondent No. 4 it should have been communicated to the petitioner and the B.S.A. should have permitted exchange of documents between the parties before passing the impugned order. It is not borne out from the record that on receipt of the said notice any reply was filed by the respondent No. 4. Even if a reply was filed by the respondent No. 4 it should have been communicated to the petitioner and the B.S.A. should have permitted exchange of documents between the parties before passing the impugned order. Even otherwise the B.S.A. should have waited for a week to see as to whether any other reply or documents are to be filed by the petitioner in respect to his notice dated 29.6.2004 or not, he could not have foreclosed the issue before expiry of the time granted in the notice. 4. Be that as it may, this Court is satisfied that the Zila Basic Shiksha Adhikari has not afforded full and fair opportunity of hearing to the parties before passing the impugned order. 5. In view of the above the writ petition is allowed. The impugned order dated 30.6.2004 is set aside. The matter is remanded to the Zila Basic Shiksha Adhikari to decide the dispute afresh within one month from the date a certified copy of this order is produced before him. 6. It is needless to point out that the Zila Basic Shiksha Adhikari, while deciding the case, shall permit the parties to exchange the written replies and the documents filed by the parties. 7. Till the afresh decision by the Zila Basic Shiksha Adhikari, Kushi Nagar, as aforesaid is taken, status quo as of date shall be maintained by the parties with regard to the management of the institution.