High Court Of ChhattisgarhWPC/2234/2016disposed off

Bharti English Medium School v. State Of Chhattisgarh

2016-09-05Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2234 of 2016 • Bharti English Medium School Through Principal / Secretary Smt. Abha Yadav W/o Nagendra Yadv Aged About 37 Years R/o Jairam Walji Colony, Gujratipara, Behind Post OfÏce Tahsil & District Raigarh Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Thorugh Its Secretary Department Of School Education New Raipur, P.S. Rakhi, Dsitrict Raipur Chhattisgarh

2. Collector, District Raigarh Chhattisgarh

3. District Education OfÏcer, Raigarh, District Raigarh Chhattisgarh

4. Shishir Prasad Yadav S/o Late Bachcha Prasad Yadav, Aged About 45 Years R/o Jairam Waliji Colony, Near Railway Station Raigarh, Tahsil & District Raigarh Chhattisgarh ---- Respondent For Petitioner Mr. Vipin Punjabi, Advocate For Respondent /State Mr. UNS Deo, Government Advocate Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 5/9/2016

1. Heard

1. The petitioner is aggrieved by the impugned show cause notice issued by the District Education OfÏcer, Raigarh, directing the petitioner to submit an afÏdavit to the effect that the ongoing property dispute between the members of her family shall not affect the working/atmosphere of the School. It is also

mentioned that if submission of afÏdavit is not possible, the School may be shifted elsewhere.

2. It is argued that the petitioner has already submitted reply along with the afÏdavit, however, no order is passed and the DEO has threatened that the School will be de-recognized.

3. When the matter is still pending before the DEO and no order has been passed, the petitioner has unnecessarily rushed to this Court.

4. Let the DEO pass an order within a month after affording personal hearing to the petitioner and all other family members. Since there is dispute, in the course of hearing, the DEO may seek assistance of the local police, if need is felt.

5. It is made clear that the DEO shall pass the order strictly in accordance with law by following the principles of natural justice.

6. The writ petition stands accordingly disposed of. Sd/- Judge (Prashant Kumar Mishra) Shyna