Court No. - 35
Case :- WRIT - C No. - 19447 of 2021 Petitioner :- C/M Khalsa Inter College And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Krishna Mohan Asthana Counsel for Respondent :- C.S.C.,Sujeet Kumar
Hon'ble Abdul Moin,J.
1. Heard Shri K. M. Asthana, learned counsel for the petitioners, learned Standing Counsel for respondents no. 1 to 4 and Shri Sujeet Kumar, learned counsel appearing for respondent no. 5.
2. The instant writ petition has been filed praying for quashing of the order dated 01.07.2021 passed by the Joint Director of Education, 12th Region, Moradabad i.e. respondent no. 2, a copy of which is annexure 17 to the petition.
3. At the very outset learned counsel for the petitioners contends that on account of typographical error the date of the order has been transcribed as 01.07.2020 instead of 01.07.2021 and prays that it should be read as 01.07.2021.
4. Learned counsel for the petitioners contends that initially an order dated 08.10.2020, a copy of which is annexure 16 to the petition, was passed by the D.I.O.S., Bijnor by which two persons namely Shri Kulwant Singh and Shri Arvind Singh were appointed as Deputy Manager and Member respectively of the committee of management for the remaining term.
5. The respondent no. 5 and certain other persons submitted a complaint against the said order by contending that in writ petition no. 17662 (Writ C) of 2018 the writ court had passed an order dated 23.05.2018, a copy of which is annexure 9 to the petition, whereby an order of status quo was passed and the committee of management was restrained from taking any policy decision. It was indicated that the induction of aforesaid two members was in the teeth of the interim order passed by the writ court and could not have been validly passed.
6. Considering this aspect of the matter and the interim order of the writ court dated 23.05.2018 the respondent no. 2 passed the impugned order dated 01.07.2021 whereby the order dated 08.10.2020 was cancelled.
7. Learned counsel for the petitioner contends that as the writ petition no. 17662 (Writ C) of 2018 has been dismissed as infructuous today as such the competent authority be directed to consider the matter afresh taking into consideration that the interim order dated 23.05.2018 is no longer in existence.
8. On the other hand Shri Kuldeep Singh, learned counsel appearing for respondent no. 5 raises an objection that on the date of passing of the order dated 01.07.2021 the interim order dated 23.05.2018 was very well in existence and as the writ petition has only been dismissed as infructuous today, as such it is for the petitioner to pass a fresh resolution in accordance with law for induction of the two members and there cannot be any automatic revival of the earlier order dated 08.10.2020.
9. Having heard learned counsel for the parties and having perused the records what is apparent is that on the date the order dated 08.10.2020 by which members had been inducted for the remaining term of the committee of management was passed, there was an interim order passed by the writ court dated 23.05.2018 and on the complaint submitted by the respondent no. 5 and certain other persons the order dated 08.10.2020 has been cancelled vide order dated 01.07.2021.
10. Admittedly, as on date the writ petition no. 17662 (Writ C) of 2018 has been dismissed as infructuos on the statement given by learned counsel for the petitioners and the interim order has also been vacated. No other reasons are forthcoming from the order dated 01.07.2021 for cancellation of order dated 08.10.2020 and thus it is apparent that the only ground that has been taken in the impugned order for the cancellation of order dated 08.10.2020 does not stand as of date.
11. Considering the aforesaid the writ petition is disposed of after setting aside the order dated 01.07.2021 with a direction to the respondent no. 2 to consider the case of the petitioners and to pass a fresh order on the same in accordance with law and rules after giving due opportunity of hearing to all the concerned parties.
12. Let such an order be passed on the case of the petitioners within a period of six weeks from the date of receipt of certified copy of this order.
13. Till an order is passed by the respondent no. 2 status quo as on today shall be maintained by all the parties.
Order Date :- 25.10.2021 J. K. Dinkar