Court No. - 5
Case :- WRIT - C No. - 39299 of 2018 Petitioner :- C/M Intermediate College Jaura Bazar District Kushinagar And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ramesh Chandra Dwivedi Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
Heard Sri R. C. Dwivedi, learned counsel for the petitioners and learned Standing Counsel for the State-respondents.
By an order dated 18.09.2018, assailed in the instant writ petition, the Director of Education (Secondary), Uttar Pradesh, Lucknow has declined to extend the term of the Committee of Management from 3 years to 5 years.
Learned counsel for the petitioners Sri R. C. Dwivedi submits that the impugned order dated 18.09.2018 relies on an order passed by the Joint Director of Education, VII Region, Gorakhpur dated 25.05.2018. The order dated 25.05.2018 passed by the Joint Director of Education, VII Region, Gorakhpur was quashed by this Court by order dated 30.05.2018 passed in Writ C No. 20279 of 2018, C/M, Intermediate College Jaura Bazar and another Vs. State of U.P. and Others.
This fact has not been disputed by learned Standing Counsel for the State-respondents. This is a matter of record.
From the above, it is clear that the premise on which the impugned order dated 18.09.2018 was passed, does not exist any longer. Consequently, the order dated 18.09.2018 cannot stand. The order dated 18.09.2018 passed by the Director of Education (Secondary), State of Uttar Pradesh, Lucknow, is quashed.
The order is remitted back to the Director of Education (Secondary), State of Uttar Pradesh, Lucknow for fresh consideration.
A mandamus is issued to the respondent no. 2 to execute the following directions:
i. The petitioner shall submit a representation to the respondent no. 2 along with all the relevant facts and the documents within a period of two weeks.
ii. The respondent no. 2 shall decide the controversy afresh by passing a reasoned and speaking order within a period of three months from the date of receipt of a certified copy of this order along with a fresh copy of the representation.
It is clarified that the Court has not judged the merits of the controversy as far as the extension of the term of the Committee of Management is concerned. It is for the competent authority to decide the controversy on merits after independent application of mind.
The writ petition is allowed.
Order Date :- 30.11.2018 Dhananjai