What procedure should be adopted by a government for issuing an order on policy matter .
Anand Mohan Pathak
(Querist) 27 March 2013
This query is : Resolved
In this case UP Govt. by issuing an order rejected the recognition of all Anglo-Indian school though they were running since Independence of nation . For issuing this G.O. neither legislative assembly nor Cabinet passing procedure was adopted .Pl. tell me the exact procedure for issuing such type of G.O. .
Anand Mohan Pathak
(Querist) 27 March 2013
procedure for issue of GO as well as legality of GO both .
Guest
(Expert) 27 March 2013
As a Givernment employee, how you are concerned with the said GO, legality, illegality or the procedure of the GO, etc. Are you running any Anglo Indian school or are responsible for framing the policy of recognition, if so, in what capacity?
Anand Mohan Pathak
(Querist) 27 March 2013
I am conducting an inquiry in E O W C I D LKO. ONLY TO INCREASE THE KNOWLEDGE AND KNOW THE EXACT CONSTITUTIONAL STATUS FOR .
Anand Mohan Pathak
(Querist) 27 March 2013
I am conducting an inquiry in E O W C I D LKO. ONLY TO INCREASE THE KNOWLEDGE AND KNOW THE EXACT CONSTITUTIONAL STATUS FOR .
Guest
(Expert) 27 March 2013
Would you like to clarify the following points?
1) What is your status in the Government?
2) What is EOW CID?
3) If EOW is Economic Offences Wing of CID Lucknow, whether any authorisation letter has been issued to you to conduct such study, and if so, which authority has issued such authorisation letter and with what terms of reference?
4) Since the inquiry relates to Government functions, and if that is merely for the purpose to increase the knowledge, what are the officially approved aims and objects of the inquiry?
5) As a Government employee, have you got permission to conduct such inquiry under the provisions of Uttar Pradesh Government Servants Conduct Rules?
If nothing such is there, you would not be authorised to conduct any such inquiry.
Anand Mohan Pathak
(Querist) 27 March 2013
This is not the answer I think my query is only related to the constitutional law , and think no need the answer for your 5 points . I find out the solution by other sources and now no need to help me . Thanks for giving me your so precious time .
Sudhir Kumar, Advocate
(Expert) 28 March 2013
You can study the relevant file noting under RTI Act and if you are acting official then you can even seize the same.
Guest
(Expert) 28 March 2013
Good excuse, Mr. Anand Mohan!
M V Gupta
(Expert) 28 March 2013
Recognition or de-recognition of educational institutions is governed by the relevant state enactment. No institution which has been recognized and functioning over a long period of time cannot be de recognized without issuing show cause notice to the concerned institutions and calling for their explanation. De recognition can be only for violation of the provisions of the Act or any of the instructions issued by the Education Department. I do not think any constitutional provision is involved. The principles of natural justice would be violated if the Govt had de recognized the institutions without issue of the show cause notice and inquiry.
Guest
(Expert) 28 March 2013
Dear Shri Gupta,
When the querist is shy of stating facts, why should we break our head. Moreso, he has already stated that he has found out the solution by other sources. By stating that he is conducting an inquiry in E O W C I D LKO, he seems to claim himself to be related to EOW, but he does not know that it is only the Secretary of the State's Education Department, who can state about the PROCEDURE, not by the LCI community. If he has found any irregularity or any economic offence in their non-recognition, he should have questined the State's Education Secretary.
Anand Mohan Pathak
(Querist) 29 March 2013
Thank You very much Respected Sir M V Gupta for so to the point solution of my query . Really this is also the violation of Principles of Natural Justice . I am always grateful to you .
