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2016 DIGILAW 1588 (ALL)

Panchanan Inter College v. State of U. P.

2016-04-27

MANOJ KUMAR GUPTA

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JUDGMENT Manoj Kumar Gupta,J. Heard learned counsel for the petitioners and learned standing counsel for the respondents 1, 2 and 3. With their consent, this writ petition is being disposed of finally without inviting a formal counter affidavit. 2. Panchanan Inter College, Gaurala, Aligarh is a recognised institution under the provisions of U.P. Intermediate Education Act, 1921. On 17 December 1996, the District Inspector of Schools approved the election held on 28 November 1995. The said order was subject matter of challenge in Writ-C No.363 of 1997 and wherein, the operation of the order dated 17 December 1996 was stayed. A further direction was issued to the District Inspector of Schools to manage the institution himself or through some other officer duly authorised by him in that regard. In pursuance thereof, the District Inspector of Schools appointed an Authorised Controller for running the affairs of the institution. In due course of time, the writ petition above referred came to be dismissed in default. However, it seems that the Authorised Controller appointed by the District Inspector of Schools is still continuing. By order dated 14 July 2015, impugned in the instant writ petition, the District Inspector of Schools, Aligarh has attested the signatures of the new incumbent on the post of Principal Naurangi Rajkiya Inter College, Aligarh as person holding such post is to act as Authorised Controller, ex officio. Apart from challenging the said order, the petitioners have also made a prayer for a direction to authorities to conduct the elections of the Committee of Management of the institution forthwith. 3. At the time of hearing of the writ petition, Sri Anoop Trivedi, learned counsel for the petitioners pressed only the relief in so far as it relates to the direction to the respondents to hold the election of the Committee of Management. 4. It is urged by learned counsel for the petitioners that the election has not been held since a long time despite the fact that the petitioners had already submitted list of the valid members of the general body in pursuance of certain query from the respondents. 5. Learned standing counsel appearing on behalf of the State-respondents very fairly stated that the grievance in this regard shall be examined by the District Inspector of Schools, Aligarh at whose instance, Authorised Controller is functioning in the institution. 6. 5. Learned standing counsel appearing on behalf of the State-respondents very fairly stated that the grievance in this regard shall be examined by the District Inspector of Schools, Aligarh at whose instance, Authorised Controller is functioning in the institution. 6. After hearing learned counsel for the parties, this Court is of the opinion that the interest of justice would be served in permitting the petitioners to approach the third respondent with a certified copy of this order and a fresh representation. In that event, the third respondent shall examine the grievance of the petitioners and in case he comes to the conclusion that the elections are due, he shall ensure that the election process is initiated without any further delay. The application of the petitioners if filed in pursuance of the liberty granted by this Court, shall be decided by the third respondent within a period of one month from the date of communication of the order. The writ petition stands disposed of accordingly.