Court No. - 19
Case :- WRIT - C No. - 22875 of 2021 Petitioner :- C/M Shri Lal Bahadur Shashtri Smarak Junior High School And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Samarath Singh,Santosh Kumar Rai Counsel for Respondent :- C.S.C.,Mani Ram Verma
Hon'ble Saurabh Shyam Shamshery,J.
Heard learned counsel for petitioner, learned Standing Counsel for the State respondents and perused the record.
This writ petition has been filed challenging the order dated 15.07.2021 whereby the District Basic Education Officer, Ghazipur, has directed for single operation on the ground that there is no recognized Manager of the Society. It is not in dispute that the petitioner is working as elected Manager of the Society since last election held in the year 2017 and presently a dispute is pending before the Prescribed Authority.
Mr. G. K. Singh, learned Senior Counsel submits that there is no reason for the District Basic Education Officer, Ghazipur, to pass the impugned order, when the matter is pending before the Prescribed Authority. The finding arrived at in the impugned order is without hearing the parties and without any material available before it. The law in regard to single operation is not followed. There is no complaint about non payment of salary to teacher and staff.
All the submissions raised by Sri G. K. Singh, learned Senior Counsel, are opposed by Sri Narendra Kumar Chaturvedi, holding brief of Sri Mani Ram Verma, learned counsel, appearing for the Respondent No.3. He submits that the finding arrived at in the impugned order is correct and the petitioner has no authority to run the Management of the Society since his signatures were never certified. However, it is not in dispute that the matter is pending before the Prescribed Authority and further it is not disputed that the impugned order passed on the basis of complaint dated 07.07.2021 filed by the Respondent No.3 without affording any opportunity of hearing to the petitioner.
The impugned order is passed after perusing the objection/ complaint filed by the Respondent No.2 even without giving any opportunity to the petitioner. No reason has been mentioned in the impugned order with regard to the status of the petitioner continuing since 2017 and why it is disturbed belatedly in the year 2021 when the Prescribed Authority is seized with the matter regarding the dispute of the Management of the Society.
Accordingly, the impugned order is set aside. However, this writ petition is disposed of with a direction to the Prescribed Authority to decide the dispute pending before it regarding the Management of the Society, expeditiously and preferably within two months from today after hearing all the parties concerned in accordance with law.
Learned Standing Counsel is directed to communicate this order to the Prescribed Authority, which is not a party respondent in this writ petition.
Order Date :- 27.9.2021 pks