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1982 DIGILAW 416 (ALL)

Committee of Management v. Deputy Director of Education

1982-03-18

A.N.VARMA, SATISH CHANDRA

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JUDGMENT Satish Chandra, C.J. - This writ petition is directed against an order dated 31-7-1981 passed by the Deputy Director of Education cancelling the order of appointment of authorised controller over Baba Raghubar Das Uchchatar Madhyamik Vidyalaya, 2. We are not satisfied that, there can be any valid grievance against the cancellation of She appointment of an authorised controller. The learned counsel then invited our attention to the application made by the petitioner No. 2 Uma Shanker Singh for being put in possession of the management of the institution. The Deputy Director of Education did not pass any specific order on this application while considering whether the authorised controller should continue or not. It was not incumbent on the Deputy Director of Education to decide as to which claimant is entitled to be put in the management of institution. The Deputy Director of Education hence cannot be characterised as having defaulted in performing any statutory duty. We are hence not satisfied that there is any merit in this petition. 3. Learned counsel stated that the dispute with regard to the election of the committee of management is pending disposal before the Deputy Director of Education under sub-section (7) of Section 16-A of the U.P. Intermediate Education Act. If that is so, there is no necessity to decide the merits of that point in this writ petition. 4. Further, learned counsel for the petitioner feels aggrieved by the letter dated 17th August, 1981 rent by the District Inspector of Schools to the Principal of the School, in which he had indicated that the recognised Manager was Shri Ajit Kumar Singh. The grievance seems to be unjustified. By his order dated 26-10-1979 the District Inspector of Schools had held that Shri Ajit Kumar Singh was validly elected Manager. He bad said nothing new in his communication. This communication cannot be interfered with, specially with the petitioners have an adequate alternative remedy by way of a civil suit, as held in Jaswant Singh v. District Inspector of Schools, 1980 ALJ 174 : 1980 UPLBEC 43. 5. The writ petition is accordingly dismissed with costs.