Court No. - 34
Case :- WRIT - C No. - 24911 of 2020 Petitioner :- C/M Of Kisan Inter College And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ram Sajiwan Mishra Counsel for Respondent :- C.S.C.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioners and the learned Standing Counsel.
This petition impugns the orders of 09 and 19 October 2020 passed by the Joint Director of Education and District Inspector of Schools respectively. By the first order of 09 October, it had been noted that the term of the Committee of Management which had been constituted on 03 October 2015 had come to an end on 02 October 2018. The Joint Director also refers to the decision of the Assistant Registrar of 12 February 2020 who had also held to similar effect. The respondents consequently take the position that the Model Scheme of Administration which places the term of the Committee of Management at five years would not apply. Noticing the aforesaid decision of the Joint Director the District Inspector of Schools has proceeded to pass an order appointing an Authorised Controller and issuing directions for fresh elections being held.
Before the Court learned counsel for the petitioners has been unable to either establish or draw its attention to any material in terms of which the Model Scheme of Administration could be said to ipso facto apply notwithstanding the Committee of Management having not adopted the same. It is also not disputed that in terms of the Scheme of Administration which stands duly approved, the term of the Committee of Management would be viewed as having expired in October 2018.
In view of the aforesaid, the Court finds no merit in the writ petition which shall stand dismissed.
Order Date :- 5.1.2021 faraz