Sri Raghuvir Sahai Jauhari Adarsh Vidyapith v. State of U. P.
2015-10-29
D.Y.CHANDRACHUD, YASHWANT VARMA
body2015
DigiLaw.ai
JUDGMENT On 23 March 2015, the Regional Deputy Director of Education, Bareilly Division passed an order appointing an authorized controller in exercise of powers conferred by Section 6(3) of the U. P. High School and Intermediate Colleges (Payment of Salaries to Teachers and other Employees) Act, 1971. Two remedies are provided in respect of such an order. The first remedy is an appeal under Section 7. Moreover, proviso (ii) to sub-section (3) of Section 6 empowers the Regional Deputy Director of Education to revoke the order at any time where he considers it necessary and expedient to do so. The appeal under Section 7 is provided to the Director. 2. In the present case, the appellant had filed a writ petition1 against the original order passed by the Regional Deputy Director of Education appointing an authorized controller. The appellant also filed a subsequent writ petition2 seeking a direction for an order on a representation submitted by the appellant under proviso (ii) of Section 6(3). The learned Single Judge by a judgment dated 24 September 2015 dismissed the first writ petition on the ground that the remedy of an appeal was available under Section 7. The second writ petition was dismissed on the ground that in view of the order which is passed in the first writ petition, no further orders are required on the second writ petition. 3. The contention of the appellant is that since the cause for which an authorized controller was appointed, namely non payment of salary to a teacher has ceased to exist, it would have been appropriate if a direction was issued for the disposal of the representation which was submitted under proviso (ii) to Section 6(3). 4. The present special appeal has been preferred against the order of the learned Single Judge dismissing the first writ petition on the ground that an order appointing an authorized controller is appealable under Section 7. We find no reason to take exception to the order passed by the learned Single Judge in that regard. However, we clarify that this will not stand in the way of the appellant pursuing the representation under proviso (ii) to Section 6(3) and the competent authority shall deal with the representation expeditiously in accordance with law. 5. The special appeal is, accordingly, disposed of. There shall be no order as to costs.