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2010 DIGILAW 247 (ALL)

COMMITTEE OF MANAGEMENT KARM KSHETRA INTER COLLEGE v. STATE OF U P

2010-01-21

DILIP GUPTA

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DILIP GUPTA, J. ( 1 ) THE Committee of Management Karm Kshetra inter College, Etawah and Devi Prasad Patel claiming himself to be the Manager of the Committee of Management of the Institution have filed this petition for setting aside the order dated 12th January, 2010 passed by the District Inspector of Schools, Etawah by which he has referred the claims of rival Committee of managements of the Institution regarding the elections held in November, 2009 to the Regional Committee and has also ordered that since there is no elected committee of Management, the salary account of the Institution shall be operated by single operation under the provisions of Section 5 (1) of the UP. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees)Act, 1971 (hereinafter referred to as the act ). ( 2 ) A perusal of the writ petition indicates that for the election of the Committee of Management of the Intermediate College which were to be held in November, 2009, three Committee of Managements placed their papers before the District inspector of Schools. It is the case of the petitioners that they, held their elections on 1 st November, 2009 while it is the case of the rival Committee of Management that the elections in which Sri Krishna Kumar Verma was elected as the Manager were held on 8th November, 2009. Sri Ramesh Chandra Verma also claimed that the elections were held, ( 3 ) THE District Inspector of Schools has found as a fact that there is a legal impediment in deciding the dispute and in terms of the Government Order dated 21st November, 2008 has thought it fit to refer the dispute to the Regional committee. ( 4 ) SRI Rakesh Bahadur, learned counsel appearing for the petitioners submitted that the District Inspector of Schools committed an illegality in referring the dispute to the Regional Committee and ordering for single operation of the account of salary under Section 5 (1) of the Act. ( 4 ) SRI Rakesh Bahadur, learned counsel appearing for the petitioners submitted that the District Inspector of Schools committed an illegality in referring the dispute to the Regional Committee and ordering for single operation of the account of salary under Section 5 (1) of the Act. It is his submission that there is no legal impediment and the petitioner-Committee of Management should have been granted recognition pursuant to the judgment and order dated 26th November, 2009 passed by this Court in Writ Petition No. 64027 of 2009 which had earlier been filed by the petitioners for setting aside the order dated 19th November, 2009 passed by the district Inspector of Schools by which he had referred the matter to the Regional committee. He further contends that under Clause 7 of the Scheme of administration of the Institution, the elected office bearers of the Committee of management continue to hold office till a newly elected Committee of Management is constituted and, therefore, in such circumstances, it cannot be said that there is any difficulty in making payment of salary to the staff of the Institution. ( 5 ) SRI PS. Baghel, learned Senior Counsel appearing for respondent-Committee of Management submits that the District Inspector of Schools was justified in referring the dispute to the Regional Committee in terms of the Government Orders dated 21st November, 2008 and 19th December, 2000. In so far as the second part of the order relating to the single operation of the accounts is concerned, he has fairly stated that the office bearers of the earlier Committee of Management are entitled to continue till a newly elected Committee of Management is constituted under Clause 7 of the Scheme of Administration of the Institution. ( 6 ) I have carefully considered the submissions advanced by the learned counsel for the parties. ( 7 ) A perusal of the order dated 12th January, 2010 passed by the District inspector of Schools clearly shows that good and valid reasons have been given for referring the dispute to the Regional Committee. The District Inspector of Schools has, amongst others, noticed that there is a dispute about the members of the general Body which has elected the Committee of Management as according to the petitioners, Krishna Kumar Verma is not even a member of the General Body of the Institution. The District Inspector of Schools has, amongst others, noticed that there is a dispute about the members of the general Body which has elected the Committee of Management as according to the petitioners, Krishna Kumar Verma is not even a member of the General Body of the Institution. He has also noticed that rival Committee of Managements have put forth their papers for recognition and there was a legal impediment in deciding the dispute. ( 8 ) THE decision in the case of Committee of Management, Sukh Nandan inter College, Math, Mohammadpur, Mau through its Manager Deepan Singh chauhan and another v. State of U. P. and others, 1997 (1) AWC 416 on which reliance has been placed by the learned counsel for the petitioners does not help the petitioners because the said decision was not only rendered prior to the issuance of the Government Order dated 12th December, 2000, but even otherwise, in the present case the District Inspector of Schools has noticed that there is a legal impediment in deciding the dispute and so the matter is required to be referred to the Regional Committee in terms of the Government Order dated 21 st november, 2008. It needs to be noticed that the Government Order dated 21st november, 2008 does not supersede the earlier Government Order dated 12th december, 2000. There is, therefore, no good reason to interfere with this part of the order passed by the District Inspector of Schools. ( 9 ) THE second contention advanced by the learned counsel for the petitioners, however, deserves to be accepted. Under Clause 7 of the Scheme of Administration, the office bearers of the Committee of Management are entitled to continue till the newly elected Committee of Management is constituted. In such circumstances the District Inspector of Schools could not have assumed that there will be difficulty in making payment of salary to the staff of the Institution. Thus, the second part of the order which directs for single operation of the accounts under Section 5 (1)of the Act deserves to be set aside and is, accordingly, set aside. ( 10 ) SINCE the dispute involves recognition of the elections of the Committee of Management held in November, 2009, it is desirable that the Regional Committee should decide the dispute expeditiously. ( 10 ) SINCE the dispute involves recognition of the elections of the Committee of Management held in November, 2009, it is desirable that the Regional Committee should decide the dispute expeditiously. It is, therefore, directed that the Regional committee shall decide the dispute, after hearing the parties concerned expeditiously, preferably within a period of two months from the date a certified copy of this order is filed before the Regional Committee. ( 11 ) THE writ petition is allowed to the extent indicated above. .