Court No. - 54
Case :- WRIT - C No. - 38997 of 2019 Petitioner :- C/M Jai Jawan Jai Kisan Inter College Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Nipun Singh Counsel for Respondent :- C.S.C.
Hon'ble Rajiv Joshi,J.
Heard Sri Nipun Singh, learned counsel for the petitioner and Sri Vimla Prasad, learned Standing Counsel.
The petitioner claims to be a committee of management of the Jai Jawan Jai Kisan Inter College, Datiyana, District Muzaffarnagar. The last election of the committee of management of the institution was held on 09.11.2014, which was approved by the District Inspector of Schools, Muzaffarnagar on 22.06.2015. The term of the committee of management is three years with grace period of one month. The District Inspector of Schools, Muzaffarnagar- respondent no. 2 exercising power under Section 5 of Uttar Pradesh High Schools and Intermediate Colleges (Payment of Salaries of the Teachers and Other Employees) Act, 1971 (hereinafter referred as 'Act, 1971') passed an order of single operation on 11.11.2019 on the ground that the term of the committee of management has expired on 08.12.2017 and no committee of management is functioning in the institution. The order of the District Inspector of Schools, Muzaffarnagar is impugned in the writ petition.
Challenging the aforesaid order, learned counsel for the petitioner contends that the order passed by the respondent no.
2 is not sustainable in law being without jurisdiction and provisions of Section 5 of the Act, 1971 is not attracted in the facts of the present case.
Further submission is that the power to appoint-Prabandh Sanchalak is with the Joint Director of Education under Section 6 of the Act, 1971 and under the scheme of Administration of the institution.
Learned Standing Counsel fairly concedes that none of the conditions as contemplated under Section 5 of the Act, 1971 are present mandating the respondent no. 2 to invoke the power under Section 5 of the Act, 1971.
He further submits that no useful purpose would be served in keeping the writ petition pending and as the term of the committee of management has expired an appropriate direction be issued to the Joint Director of Education of the concerned region to consider the grievance of the petitioner and pass an order.
Having heard the rival submission of the parties and considering the submission made by the learned Standing Counsel that none of the conditions which are essential to invoke power under Section 5 of the Act, 1971 are present in the present case requiring the respondent no. 2 to put the college under single operation, thus, the impugned order dated 11.11.2019 is not sustainable and, is accordingly set-aside.
However, it is open to the Joint Director of Education to pass an appropriate order under Section 6 of the Act, 1971 or under the Scheme of Administration for appointment of authorised Controller within a period of three weeks from the date of receipt of this order who shall hold election as expeditiously as possible.
With the above directions, the writ petition stands disposed of.
Order Date :- 28.11.2019 Shivangi