Allahabad High Court
C/M Chandrabhan Dutt Smarak Inter ... vs State Of U.P.Thr.Secy.Secondary ... on 25 June, 2013
Bench: Satyendra Singh Chauhan, Devendra Kumar Arora
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 22
Case :- SPECIAL APPEAL No. - 379 of 2013
Appellant :- C/M Chandrabhan Dutt Smarak Inter College & Anr.(3269/13 M/S
Respondent :- State Of U.P.Thr.Secy.Secondary Education, Lucknow & Others
Counsel for Appellant :- Mahendra Bahadur Singh,Anand Kumar
Counsel for Respondent :- C.S.C.,Akhilesh Kalra,Sarvesh Tiwari,Vindhyawasini Kumar
Hon'ble Satyendra Singh Chauhan,J.
Hon'ble Devendra Kumar Arora,J.
Supplementary affidavit filed today is taken on record.
Learned counsel for the respondents has stated that there is no urgency in the matter, but there is specific averment in the appeal regarding urgency.
The appeal was filed in the previous week and an endorsement was made in the appeal to the effect that the counsel would be available in the next week. Thereafter the case has come up before this Court yesterday and the matter was posted for today on the insistence of certain advocates, who appeared, but a statement has been made today that since they have no instructions, they cannot argue the case today, although they have argued the matter at some length today and yesterday.
The urgency itself is evident from the record and the delaying tactics have been adopted by the counsel for the respondents to get the case adjourned. Therefore, the Court has proceeded to hear the case.
Heard learned counsel for the appellants and the counsel for the respondents.
Notices on behalf of opposite parties have been accepted by the learned Standing Counsel, while notice on behalf of respondent nos.5 to 7 has been accepted by Sri Vindhyawasini Kumar.
Issue notice to opposite party nos.8 and 9.
Through this appeal, the appellants have challenged the order dated 30.5.2013 by means of which the District Inspector of Schools has been directed to operate the salary account of the Institution concerned by single operation, though it was found by the learned Single Judge that the impugned order was passed without authority.
It has been submitted on behalf of the appellants that the dispute arose between the parties in respect of certain persons who have been detailed by the appellant. An election of the Committee of Management was held by the appellant which was duly recognised by the Deputy Registrar. A complaint was made to the Deputy Registrar and an order was passed recalling the said order. The said order was challenged before this court and this court was pleased to stay the order passed by the Deputy Registrar. Thereafter, an application was moved before the Sub Divisional Magistrate in the capacity of Prescribed Authority, wherein a compromise was entered into between certain persons and the appellants never participated in the said proceedings. The Sub Divisional Magistrate proceeded to recognize the Committee of Management on the basis of said compromise vide order dated 23.2.2012. The aforesaid order was challenged by the appellants before this court by means of Writ Petition No. 3492(MS) of 2012 and this court was pleased to stay the said order on 13.6.2012. Learned counsel for the appellants has also stated that salary for the month of May 2013 has been paid, but the salary for the month of June 2013 has not been paid.
The aforesaid fact goes to indicate that right of the appellants has been affected on the basis of the interim order passed by this court and even if any authorized controller was to be appointed, it was within the domain of the State Government to appoint the Authorized Controller in respect of the institution.
Learned Single Judge was of the view that the impugned order is without jurisdiction and, hence, proceeded to stay the operation of the order but at the same time ordered to carry out the operation of the salary account by single operation through the District Inspector of Schools.
In our opinion, if the said order is allowed to continue, then it will amount to perpetuating an illegal order, which has been passed by the Regional Joint Director having no authority.
In the aforesaid circumstances, we hereby stay the order dated 30.5.2013 to the extent allowing the District Inspector of Schools to operate the salary account.
Order Date :- 25.6.2013/A.Nigam
