Allahabad High Court
Sri Amar Nath Intermediate ... vs State Of U P And 3 Others on 23 May, 2022
Bench: Ajit Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 35
Case :- WRIT - C No. - 8567 of 2022
Petitioner :- Sri Amar Nath Intermediate College And Another
Respondent :- State Of U P And 3 Others
Counsel for Petitioner :- Rajesh Kumar Singh,Devendra Pratap Singh
Counsel for Respondent :- C.S.C.,Devendra Pratap Singh
Hon'ble Ajit Kumar,J.
Heard learned counsel for the parties.
In compliance of my last order dated 22nd April, 2022, learned Standing Counsel has obtained instructions in the matter and as per instructions obtained by learned Standing Counsel, the term of Committee of Management as per scheme of administration vide Clause 7 of it is three years and last election having been held on 08.10.2016, the term of Committee of Management of the institution came to an end in the year 2019 and thereafter no elections were held and when the elections were held by respondents on 28.11.2021 and papers got forwarded to the District Inspector of Schools, the controversy arose as to under which provision of law elections have been held.
Certain queries were made from the petitioner, which according to learned Standing Counsel were not happily replied to as the documents relating to same could not be supplied. It is, therefore, submitted that District Inspector of Schools had no other option except to pass order of single hand operation of the account of institution and also to refer the matter to Regional Joint Director of Education to appoint authorized controller to hold fresh election of the Committee of Management of the institution.
It is also submitted that hearing upon recommendation made by District Inspector of Schools is taking place before the Regional Joint Director of Education and the petitioners can submit all their documents there itself.
It is also submitted by learned Standing Counsel that in the event petitioner has converted the society into a trust as per amended Regulation 6-B of chapter VII of the Intermediate Education Act, 1921, he ought to have got the scheme of administration amended or modified or some order from the Regional Joint Director of Education to treat the scheme of administration as superseded by the rules of the trust as per trust deed that got registered on 19.03.2019.
Upon perusal of the various documents brought on record, it transpires that though the petitioners are aggrieved by single hand operation and reference made to the Regional Joint Director of Education for appointing authorized controller but, nothing has been brought on record to demonstrate that Committee of Management of the institution at any point of time got any effective order from the Regional Joint Director of Education regarding scheme of administration being superseded by the trust deed as per regulations referred to hereinabove.
In view of above, this writ petition at this stage stands disposed of with direction to the petitioners to submit all their documents including registered trust deed before Regional Joint Director of Education who is hearing the matter of supercession of Committee of Management as per recommendations of District Inspector of Schools. The petitioner shall submit all the documents in original before Regional Joint Director of Education on or before 16th June, 2022 and the Regional Joint Director of Education after having received documents as directed hereinabove, shall proceed to pass appropriate order in the light of Regulation 6B of Chapter VII of the Intermediate Education Act, 1921 before passing any further order upon recommendations of District Inspector of Schools regarding appointment of authorized controller.
The Regional Joint Director of Education shall take pragmatic view of the matter as there has never been any dispute of management in the institution. The Regional Joint Director of Education is further directed to afford reasonable opportunity of hearing to the petitioner before passing the order which would be passed within next eight weeks from the date of production of papers by the petitioner.
In so far as single hand operation is concerned, the contention advanced is that same has been passed without affording any opportunity of hearing to the petitioner as mandated under relevant provisions of The U.P. High Schools And Intermediate Colleges (Payment Of Salaries Of Teachers And Other Employees) Act, 1971. He has placed relied upon judgment of a concurrent bench of this Court in the case of Committee of Management of V.V. Inter College, Shamli, District Muzaffarnagar and Another v. State of U.P. and Others, 2010(2) ADJ 470 and Committee of Management, Janta Higher Secondary School, Basti and Another v. State of U.P. and Others, 2013(96) ALR 71. I find merit in the argument advanced by learned counsel for the petitioner and find order of single hand operation to be unsustainable in law. Accordingly order dated 05.02.2022 passed by District Inspector of Schools is set side.
Order Date :- 23.5.2022/Sanjeev
