The C/M Sri Jawahar Inter College ... vs The State Of U.P. Thru Secy. And 3 ...
2013 Latest Caselaw 5934 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 38
 

 
Case :- WRIT - C No. - 51332 of 2013
 

 
Petitioner :- The C/M Sri Jawahar Inter College And Another
 
Respondent :- The State Of U.P. Thru Secy. And 3 Others
 
Counsel for Petitioner :- Devendra Tripathi,Radha Kant Ojha
 
Counsel for Respondent :- C.S.C.,Yogish Kumar Saxena
 

 
Hon'ble Dilip Gupta,J.

The Committee of Management of Sri Jawahar Inter College, Chakar Nagar, Etawah and Shiv Prakash Tiwari claiming himself to be the Manager have filed this petition for quashing the order dated 2nd September, 2013 passed by the District Inspector of Schools, Etawah for operation of the account singly under Section 5(1) of the U.P. High Schools and Intermediate Colleges (Payment of Salaries of the Teachers and Other Employees) Act, 1971.

It is submitted by Sri R.K. Ojha, learned Senior Counsel for the petitioners that the order deserves to be set aside for the reason that it has been passed without affording any opportunity to the petitioners. It is also his contention that though the dispute relating to the election held in 2010 has been referred to the Regional Level Committee where it is pending disposal but in view of the provision of clause 7 of the Scheme of Administration of the Institution, the office bearers elected earlier shall continue till the new office bearers are elected. It is, therefore, his submission that the District Inspector of School committed an illegality in passing the said order.

Learned Standing Counsel appears for respondent Nos.1 and 2. Submissions have been made by Sri Yogish Kumar Saxena who claims to be representing the rival Committee of Management elected in 2010. It is his submission that the petitioners cannot continue indefinitely even if the Regional Level Committee does not take a decision.

The matter requires examination and the petitioners have out a case for grant of an interim order.

The respondents may file the counter affidavit within a period of three weeks. Rejoinder affidavit, if any, may be filed within a week thereafter.

List this petition for admission/hearing in the week commencing 28th October, 2013.

In view of the submissions advanced by learned Senior Counsel for the petitioners, the operation of the order dated 2nd September, 2013 passed by the District Inspector of Schools shall remain stayed until further orders.

Order Date :- 19.9.2013

SK