Rakesh Tiwari, J. - (1.) HEARD learned counsel appearing for the petitioners Standing Counsel who has accepted notice on behalf of respondents No. 1 to 3 and perused the record.
(2.) INSPITE of time having been granted, no counter affidavit has been filed. The Court thereafter passed the stop order dated 20.1.2009. After almost about one month of passing of the stop order, counter affidavit has not been filed by the Standing Counsel. The contention of counsel for the petitioner is that the impugned order dated 19.9.2008 passed by Joint Director of Education, Kanpur Region, Kanpur is wholly without jurisdiction. The Joint Director of Education has passed the said order exercising power under Section 8 of U.P. Junior High Schools (Payment of Salaries of Teachers and other Employees) Act, 1978 (hereinafter referred to as the 'Act'). Section 8 is as under: "8. Power of the State Government to call for records. - The State Government may call for and examine the record of any appeal decided by the Director under Section 7 for the purpose of satisfying itself as to the correctness or propriety of any order passed by him, and it may pass such order thereon as it thinks fit: Provided that no order superseding the management of the institution or extending the period of super session thereof, shall be passed under this section unless an opportunity has been given to the management to show cause against the proposed order." Learned counsel for the petitioner has placed reliance upon para 16 of the writ petition wherein it has been stated that neither any show cause notice nor opportunity of hearing was afforded to him before passing the impugned order. Even the provisions of Section 6 of the aforesaid Act have not been complied with. According to counsel for the petitioner is deprived of availing remedy under Section 7 of the Act and the impugned order is passed against the principles of natural justice.
(3.) IN the circumstance that the averments made in the writ petition have not been denied by counsel for the respondents even after grant of sufficient opportunity, the averments made in the writ petition and grounds taken therein challenging the order impugned are to be taken as correct. For all the reasons stated above, the impugned order dated 19.9.2008 deserves to be quashed and is hereby quashed. The writ petition is allowed. The management of the committee of management shall be handed over to the Manager by the authorized controller forthwith on production of certified copy of this order. No order as to costs.;