Ram Shankar Bharti Inter College Thru Manager v. State of U. P. Thru Its Prin. Secy. Secondary Edu. Lucknow
2015-12-04
RITU RAJ AWASTHI
body2015
DigiLaw.ai
JUDGMENT Ritu Raj Awasthi, J. Since purely legal question is involved in the matter, as such, with the consent of parties' counsel the matter has been heard and is being decided at the admission stage without calling for counter affidavit. 2. Heard Dr. L.P. Misra, learned counsel for petitioners as well as learned standing counsel and Mr. Anil Kumar Tiwari, learned Senior Advocate assisted by Mr. Apoorva Tiwari and Mr. Prakhar Misra. 3. The writ petition has been filed challenging the order dated 29.10.2015 (Annexure-1 to writ petition) whereby the respondent no. 2, Joint Director of Education, Devipatan Division, Faizabad has decided the dispute with respect to two rival elections having been held with respect to Committee of Management of the Institution, namely, Ram Shankar Bharti Inter College, Mathura Bazaar, District Balrampur, which has been referred by the District Inspector of Schools, Balrampur. 4. Dr. L.P. Misra, learned counsel for petitioners submits that in view of the Government Order dated 19.12.2000 which has been modified vide Government Order dated 20.10.2008, the Regional Committee headed by Joint Director of Education is authorized to consider such dispute, however, in the present case the respondent no. 2 himself has decided the same and has passed the order impugned wrongly and without jurisdiction. 5. Mr. Anil Kumar Tiwari, learned Senior Advocate appearing for respondent no. 6 submits that the Regional Committee headed by the Joint Director of Education has to decide the said dispute, however, the respondent no. 2 being Joint Director of Education has to preside over the said committee and the order impugned has been passed by him, as such, it does not suffer from any illegality. 6. Learned standing counsel was directed to seek instructions. On the basis of instructions, it is submitted by learned standing counsel that the Regional Committee has to decide the dispute with respect to rival elections which are claimed to have been held by the rival groups and referred by the District Inspector of Schools, Balrampur. 7.
6. Learned standing counsel was directed to seek instructions. On the basis of instructions, it is submitted by learned standing counsel that the Regional Committee has to decide the dispute with respect to rival elections which are claimed to have been held by the rival groups and referred by the District Inspector of Schools, Balrampur. 7. In view of above, it appears that the rival elections which are claimed to have been held by rival groups with respect to Committee of Management of the Institution concerned and which has been referred by the District Inspector of Schools, Balrampur was required to be decided by the Regional Committee headed by the Joint Director of Education, Devipatan Division, Faizabad as per Government Order dated 19.12.2000 and Government Order dated 20.10.2008. 8. In the present case, the order impugned has not been passed by the Regional Committee but by the respondent no. 2 in his individual capacity, as such, the same is not sustainable in the eyes of law. 9. The writ petition as such is allowed. The order impugned dated 29.10.2015 is hereby set-aside with direction to Regional Committee headed by the Joint Director of Education, Devipatan Division, Faizabad to decide the dispute referred by the District Inspector of Schools, Balrampur and pass appropriate orders in accordance with law as per Government Orders dated 19.12.2000 & 20.10.2008, expeditiously, giving opportunity of hearing to the parties concerned within a period of one month from the date a certified copy of this order is produced before him. 10. In the meantime, the respondents shall ensure payment of salary to the teachers and other staff of the Institution concerned.