Court No. - 54
Case :- WRIT - C No. - 41777 of 2019 Petitioner :- C/M Jai Jawan Jai Kishan Inter College And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Nipun Singh Counsel for Respondent :- C.S.C.
Hon'ble Rajiv Joshi,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the petitioners, Sri Lal Ji Pandey, learned counsel for the respondent No.5 and learned Standing Counsel for the respondent Nos.1, 2 and 4.
The present writ petition has been filed for quashing the impugned orders dated 12.03.2019 and 20.05.2019 passed by the respondent No.2-Finance Controller (Basic) Directorate Education, Uttar Pradesh, Allahabad whereby under column-3, it was directed that the society be constituted pursuant to the order dated 04.11.1967 and till the date, the objection regarding the renewal of the society remain intact.
The contention of the counsel for the petitioners is that the Finance Controller (Basic) Directorate Education, Uttar Pradesh, Allahabad has no jurisdiction to direct the District Basic Education Officer, Shamli for constitution of the Committee of Management. Subsequently the said order was modified vide letter dated 20.05.2019 to the extent that the direction is to the District Basic Education Officer, Shamli to constitute the Committee of Management of the Society pursuant to the Committee constituted on 04.11.1967.
On the other hand, learned counsel for the respondents submits that it is simply a report to the Finance Controller to the District Basic Education officer and the same cannot be taken into consideration as the same cannot be said to be an order passed by the Controller.
I have considered the rival submission of the parties and perused the record, which reflects that the Committee of Management had already been constituted, which is apparent from the judgment of this Court passed in writ petition No.6123 of 2017 vide order dated 20.02.2017 and pursuant to the direction of this Court in the aforesaid writ petition election held on 5th March, 2017 and the Committee of Management is still subsisting on the basis of last election held as the term of the Committee is 3 years, which has not been expired till date. Even the said election was provided by the Regional Committee vide order dated 03.04.2017.
In view of the above, the remark made by the Finance Controller (Basic) Directorate Education, Uttar Pradesh, Allahabad while sending report to the D.I.O.S. with regard to the prayer No.1 for holding constitution of the Committee of Management of the Society as existed from 1967 is totally irrelevant and has been made without any rhyme and reason and is accordingly quashed.
The writ petition stands allowed.
Order Date :- 19.12.2019 Pr/-