JUDGMENT : 1. Heard Sri Som Kartik Shukla, learned counsel for the petitioner and learned State Counsel for Opposite parties. 2. The present writ petition has been filed by the petitioner for quashing of the impugned order dated 10.08.2020 passed by D.I.O.S. (District Inspector of School) under Section 5 (1) of the Payment of Salaries Act, 1971 (hereinafter referred to as "Act 1971"), for single operation of the Account of the College. 3. Babu Triloki Singh Inter College, Kakori, Lucknow is a recognized college under the Intermediate Education Act, 1921 and regulation framed thereunder. The college is also under Grant-in-Aid Scheme of the State Government and salary of teachers and other employees of the college is paid under the Act, 1971. 4. As per the amended scheme of administration, which was approved and forwarded by Joint Director of Education, 6th Region, Lucknow, by letter dated 03.12.2009, the term of Committee of Management of the college is for a period of 5 years and office bearers of Committee of Management are to continue for one more month from the date of expiry of term of Committee of Management, if newly elected Committee of Management does not take charge within a month after 5 year. 5. The last election of Committee of Management was held on 12.07.2015 and the signature of the Manager was attested by the D.I.O.S. vide its letter dated 28.07.2015. The Committee of Management took charge on 28.07.2015 and 5 years term of petitioner Committee of Management was expiring on 28.07.2020. Prior to the expiry of term of Committee of Management, the President of General Body was informed by the Manager to hold the election on 28.07.2020 with a request to take necessary action for the same. 6. In pursuance of letter of the Manager, the President of Governing Body of the Society submitted a letter dated 14.07.2020 to the D.I.O.S. through Speed Post requesting to send an observer for the election scheduled for 28.07.2020. The letter dated 14.07.2020 was also forwarded to the Deputy District Magistrate, Lucknow informing about the election and in which 41 members of General Body of the Society and other staff, totaling around 60 persons would be present, hence requested that permission may be granted for holding the election meeting. 7. The letter dated 14.07.2020 was also forwarded to the Deputy District Magistrate, Lucknow informing about the election and in which 41 members of General Body of the Society and other staff, totaling around 60 persons would be present, hence requested that permission may be granted for holding the election meeting. 7. The Deputy District Magistrate issued a letter dated 20.07.2020 to the Manager informing that due to prevailing pandemic of Covid - 19 situation, permission to hold the election could not be given, hence the application was rejected. The order of the Deputy District Magistrate dated 20.07.2020 has been submitted before the D.I.O.S. vide letter dated 22.07.2020 through speed post and requested the D.I.O.S. to cancel the election as per schedule and to give at least 3 months time for holding fresh election. 8. The D.I.O.S. without taking any decision on the application of the petitioner dated 22.07.2020 passed the impugned order dated 10.08.2020, feeling aggrieved by the same, the present writ petition has been preferred. 9. Learned counsel for the petitioner has submitted that the order of single operation passed by the D.I.O.S. under Section 5 of the Act, 1971 is without jurisdiction and not tenable in the eyes of law for the following reasons :- (i) Section 5 of the Act provides that the D.I.O.S. is empowered to pass an order for single operation, if there is any difficulty in disbursement of the salary to the teaching and non-teaching staff of the institution, whereas, neither any such complaint was before the D.I.O.S. nor any such reason has been indicated in the impugned order. (ii) The order of the single operation has been passed on the pretext that the term of the Committee of Management has expired in July, 2020, so for the purpose of disbursement of salary of teaching and non-teaching staff of the institution, the order of single operation was passed, whereas, there is no such provision under the Act 1971, which empowers the D.I.O.S. to pass an order of single operation in the eventuality mentioned in the impugned order. (iii) Neither any show-cause notice was issued, nor any opportunity of hearing was provided prior to the passing of the impugned order. (iii) Neither any show-cause notice was issued, nor any opportunity of hearing was provided prior to the passing of the impugned order. (iv) The term of Committee of Management was to expire on 28.07.2020 and as per scheme of administration, the Committee of Management continues for a further period of one month which in this case was to expire on 28.08.2020, but the impugned order was passed prior to that i.e. on 10.08.2020. (v) Due to prevailing Covid 19 pandemic situation, the State Government has banned a gathering of more than 50 persons at one place. The Manager of the petitioner submitted a letter dated 14.07.2020 to the Deputy District Magistrate, Lucknow for grant of permission for holding the election on 28.07.2020 in which 41 members of General Body and other staffs, totaling around 60 persons were to be present. The Deputy District Magistrate rejected the application vide its order dated 20.07.2020 mentioning therein, that due to Covid 19 pandemic situation it was not possible to provide any officer or police force for maintaining law and order situation. (vi) The President of General Body of the Society submitted a letter dated 22.07.2020 to the D.I.O.S. through speed post informing about order passed by the Deputy District Magistrate dated 20.07.2020 as indicated above, and further that some members of General Body of the society have been found Corona Positive and requested to give at least three months time for holding fresh election by extending the term of the Committee of Management. (vii) Learned counsel for the petitioner has placed reliance upon the judgments of this Court reported in 1990(1) UPLBEC, page 189; Committee of Management of Rajendra Prasad Intermediate College, Bareilly Vs. DIOS, Bareilly and another, 2000 (2) UPLBEC, (Summary) 54; Committee of Management Ramroop Singh Dhanraj Singh Intermediate College, Fatehpur Vs. DIOS Fatehpur and others, 2001(1) UPLBEC, Page 1347; Committee of Management Gandhi Smarak Inter College, Jainganj, Agra Vs. DIOS Agra, wherein it has been held that an order of single operation of accounts could be passed by the D.I.O.S. under Section 5(1) of the Act, 1971, where the difficulty has arisen in disbursement of salary of the staff of the institution due to any default of the Management. The order for single operation of accounts could not be passed without providing opportunity of hearing to the Committee of Management. 10. The order for single operation of accounts could not be passed without providing opportunity of hearing to the Committee of Management. 10. Learned State Counsel has submitted that even the extended term of the Committee of Management has expired today itself and now by efflux of time, the writ petition has thus become infructuous. But learned State Counsel was unable to dispute the submissions made by the learned counsel for the petitioner and as well as applicability of the judgments of this Court referred to above. Therefore, the petition is being finally decided at this stage itself. 11. After hearing learned counsel for the parties, it is found that as per requirement of Section 5 of the Act 1971, an order of single operation of account could be passed by the D.I.O.S., where the difficulty arises in disbursement of salary of the staff of the institution due to any default of the Management and as per the law settled by this Court the default must not be continued to be committed by the Committee of Management. In para 24 of the writ petition, it has been stated that the petitioner Committee of Management never defaulted in submitting salary bill of the college. 12. In the present case, the D.I.O.S. has not whispered even a single word in the impugned order that there is difficulty in disbursement of salary or Committee of Management has continuously committed default in disbursement of salary to the teaching and non-teaching staff, but passed the order merely on the ground that the term of Committee of Management had come to an end, without considering that as per the scheme of administration, the term of the Committee of Management would extend by one month thus its term was going to expire on 28.08.2020. The impugned order was passed prior to 28.08.2020 and that too with immediate effect, which is against the statutory provision i.e. Section 5 of the Act 1971, hence the order is bad in law. 13. The D.I.O.S. passed the order behind the back of the petitioner without affording any opportunity to show cause in view of the decisions referred above. 14. 13. The D.I.O.S. passed the order behind the back of the petitioner without affording any opportunity to show cause in view of the decisions referred above. 14. The D.I.O.S. has failed to consider that there is no fault on the part of Committee of Management for not conducting the election for which purpose, an application was given to the Deputy District Magistrate, which was rejected on the ground that due to Covid -19 Pandemic situation, it was not possible to hold election because the number of persons were about 60 and congregation of such large group is not permissible and, it was very difficult to provide any force or any officer for the purpose of holding the election. The said order of the Deputy District Magistrate dated 20-07-2020 was duly served upon the D.I.O.S., which was much prior to the passing of the impugned order dated 10.08.2020. The D.I.O.S. without considering the order of the Deputy District Magistrate and the request of the petitioner for extension of term of the Committee of Management for three months more, passed the impugned order. 15. So far the objection raised by learned State Counsel that the petition has become infructuous since the period upto 28.08.2020 has also expired is concerned, it may be noted that in case the invalid order passed violating the principle of natural justice also, is not quashed and it is allowed to remain in operation, it may come in the way of the petitioner in considering and disposing off the application moved by the petitioner requesting the D.I.O.S. to extend the time for another period of 3 months for the purposes of holding the election. The aforesaid application dated 22.07.2020 made to the D.I.O.S. is yet not disposed off and remains pending for its consideration. 16. It would be worthwhile to observe that any order or direction which is likely to have an adverse effect in future, and there is any apprehension of any kind of injury to be caused, relief cannot be denied on a plea raised on the ground that the petition has become infructuous by efflux of time. The order which is passed against the law continues in operation having all its adverse consequences, which are likely to adversely affect the rights or interest of the petitioner, the plea of petition being infructuous would not be entertainable. The order which is passed against the law continues in operation having all its adverse consequences, which are likely to adversely affect the rights or interest of the petitioner, the plea of petition being infructuous would not be entertainable. An order having potential of likely injury to be caused would ordinarily not be allowed to remain in operation. Since it may deprive a person of his rights and to get justice as due under the law. In this background, it would be necessary to quash the illegal order instead of dismissing the writ petition as infructuous. 17. In view of above, order dated 10.08.2020 passed by the District Inspector of School being contrary to the provision of Section 5 of the Act 1971 and without providing any opportunity of hearing to the petitioner is arbitrary, illegal and is liable to be set aside. 18. Accordingly, the writ petition is allowed. The order dated 10.08.2020 passed by the D.I.O.S. is hereby quashed. 19. No orders as to cost.