Committee of Management Kisan Uchchattar Madhyamik Vidyalal Alai (Tundla) District Agra through Manager v. District Inspector of School Agra
1985-04-10
V.B.MALHOTRA, V.N.KHARE
body1985
DigiLaw.ai
JUDGMENT V.B. Melhotra, J. - In this petition the challenge is to an order passed by the District Inspector of Schools on September 26, 1984 (Annexure 8 to the Writ Petition) by which he has said that the Manager in the institution who is to be recognised is Sri Hakim Singh Upadhyaya. He has also observed in the order that the election for the Committee of Management may be held on expiry of the period of the present Committee of Management in accordance with the approved scheme of administration. The case of the petitioner is that on expiry of the term of the Committee of Management, elections were duly held on August 31, 1.84 where after they came into management and that the Manager of the Committee so constituted was Dr. Raghubir Singh Upadhyaya. This was said by the petitioners in their reply sent to the District Inspector of Schools, in response to enquiry (sic) by him, through communication dated September 26, 1984 (Annexure 6 to the writ petition). In that communication, the petitioner had taken the stand that there is no dispute in regard to the Committee of Management. 2 On October 11, 1984, this Court directed the petitioner to serve Sri Hakim Singh Upadhyaya who has been impleaded as respondent No. 2. Sri Hakim Singh Upadhyaya has put in appearance and filed a counter affidavit in which the stand of the second respondent and the committee said to be headed by him is disclosed. 3. Sri Ashok Bhushan appearing for the petitioner has urged before us that even on assumption that there was some dispute in regard to the Committee of Management, the same could only be resolved by the Deputy Director of Education in accordance with the provisions of Section 16-A (7) of the U. P. Intermediate Education Act, 1921 and not by the District Inspector of Schools. He prayed that the impugned order be quashed. The stand of the second respondent, however, is that on the finding recorded by the District Inspector of Schools, the while Committee with the Second respondent as the Manager was continuing to manage the Institution. It has also been asserted by the second respondent that no election as alleged by the petitioners ever took place. 4.
The stand of the second respondent, however, is that on the finding recorded by the District Inspector of Schools, the while Committee with the Second respondent as the Manager was continuing to manage the Institution. It has also been asserted by the second respondent that no election as alleged by the petitioners ever took place. 4. On the stand taken by the petition in this Court, it is, obvious that there is serious dispute between them about the management of the Institution. Both the parties are claiming to be in effective control thereof. Such a dispute undoubtedly, can only be gone into by the Deputy Director of Education in accordance with Section 16-A (7) afore said. Infact, at one stage of the hearing, both the parties jointly suggested that the matter be left to be determined by this court, who should also be allowed to make such interim arrangement about the management of the Institution as was found fit, after hearing parties, in accordance with the powers in that regard which he had under the aforesaid provision. It was also jointly suggested that till such time that the deputy Director of Education takes a decision in the matter, including about the interim arrangement that may be made, the management of the Institution should be entrusted to the District Inspector of Schools. 5. We feel that the suggestion made by the learned counsel for the parties is a fair one and we should direct, after quashing the order impugned in the present petition, that the Deputy Director of Education should go into the dispute and pass suitable orders, including order for interim management in accord with law within two months of the parties placing a certificate copy of this order before him after notice to the parties. The Deputy Director of Education will ensure that the decision is taken by him by June, 30, 1985 so that the party found to be in effective control by him may on the Management with effect from July i, hb5. We also direct that the parties shall appear before the Deputy Director of Education concerned within ten days from today with a copy of this order. The District Inspector of Schools, Agra shall carry on the management of the Institution till such time that the Deputy Director of Education takes a decision in regard to interim management of the Institution. 6.
The District Inspector of Schools, Agra shall carry on the management of the Institution till such time that the Deputy Director of Education takes a decision in regard to interim management of the Institution. 6. The petition shall stand finally disposed of in these terms, parties shall bear their own costs. 7. A copy of this order may be made available of the learned counsel for the parties on payment of necessary charges, within a week from today.