C/M Sri P.D. Jain Inter College And ... vs State Of U.P. And 2 Others
2021 Latest Caselaw 9275 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 2
 

 
Case :- WRIT - C No. - 5472 of 2021
 

 
Petitioner :- C/M Sri P.D. Jain Inter College And Another
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Nand Lal Pandey,Suyash Pandey
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Suneet Kumar,J.

Heard learned counsels for the parties and perused the record.

By means of instant petition, petitioner is assailing the order dated 07.10.2020 passed by third respondent-District Inspector of Schools, Firozabad, whereby the petitioner-committee of management has been superseded of financial powers under the U.P. High School and Intermediate Colleges (Payment of Salary of Teachers and Other Employees) Act, 1971, on the ground that term of the committee expired on 09.09.2020.

Learned counsel for the petitioner has drawn attention of the Court to the order dated 08.06.2016, passed by second respondent, whereby, the petitioner-committee was duly recognized on the dispute being settled by Regional Level Committee. In this backdrop, it is urged that term of the petitioner-committee shall commence from the date the committee has taken charge pursuant to the order passed by second respondent. In other words it is submitted that the term of the petitioner-committee shall expire on 07.06.2021. Reliance has been placed on Full Bench judgment of this Court in Vaibhav Jain Vs. State of U.P. and others, (2015) 2 UPLBEC 993, wherein, the Court answered the reference holding that the actual handing over of charge is what merits and if the new committee does not take over charge for any fault of the committee or for any other reason and not on its own default, the term of the office of committee of management would commence on the date on which committee has taken over the charge. It is further urged that the impugned order has been passed ex-parte without opportunity of hearing.

Learned Standing Counsel, on being confronted with the proposition of law, submits that a fresh order shall be passed.

In view thereof, on the consent of learned counsels for the parties, the writ petition is disposed of by passing the following order.

Impugned order dated 07.10.2020 passed by third respondent-District Inspector of Schools, Firozabad, is set aside and quashed. The third respondent-District Inspector of Schools, Firozabad, shall pass a fresh order after giving opportunity to the petitioner-committee through representative, expeditiously, preferably within six weeks from the date of production of a copy of this order. Aggrieved party, if any, shall be heard.

Order Date :- 2.8.2021

P. Sri.