Court No. - 16
Case :- WRIT - C No. - 28778 of 2018 Petitioner :- C/M K.L.G.M. Inter College Nakur And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Nand Lal Pandey,Suyash Pandey Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sangeeta Chandra,J.
Heard learned counsel for the petitioners and learned counsel appearing for State respondents.
The petitioners are aggrieved by an order passed purportedly in exercise of power under Section 6(3) of the U.P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees), Act, 1971.
The order impugned dated 20.7.2018 says that a recommendation has been made by the Inspector for superseding the management and the reason assigned for such recognition is that since 28.6.2014, when the term of the Committee of Management expired, no new committee came into existence and since 11.9.2014, the single operation of the accounts has been made by the District Inspector of Schools.
Learned counsel for the petitioners submits that before an order u/s 6(3) of the Act can be passed by the Joint Director of Education, Saharanpur, the fulfilment of the conditions mentioned in sub-sections (1) and (2) of Section 6 has to be ensured. In the case of the petitioners, recommendation has been made by the District Inspector of Schools without expressing any satisfaction with regard to the Committee of Management not following the directions issued on inspection carried out of the institution, nor expressing the satisfaction that Management has committed default in complying with any directions given u/s 4 or with any provisions of Section 3 and Section 5. The Management has also not been called upon under sub-section (2) of Section 6 of the Act to show cause as to why the Management should not be suspended.
It has been argued by learned counsel for the petitioners that the petitioners are erstwhile Committee of Management, the term of the said Committee of Management expired on 28.6.2014, and no new Committee of Management was formed thereafter. As is evident from the order impugned to ensure payment of salary to teaching and non-teaching staff, the College was put in single operation of accounts from 11.9.2014.
It is apparent that since there was no Committee of Management after its term expired on 11.6.2014, no notice could have been issued to erstwhile Committee of Management which was no longer in existence.
It has been submitted by learned counsel for the petitioners that the erstwhile Committee of Management in fact did hold an election, but it was not recognised by the District Inspector of Schools without any reason.
There is no apparent error in the order impugned. If the petitioner has any grievance, he can file an appeal before the State Government.
The writ petition stands disposed of.
Order Date :- 24.8.2018 Shalini