Counsel for Petitioners:- Chandra Jeet Yadav, Anjali Counsel for Respondents:- CSC Hon'ble Dr Dhananjaya Yeshwant Chandrachud, Chief Justice Hon'ble Yashwant Varma, J The petitioners have sought the issuance of a writ for declaring the provisos to Section 5 (1) of the Uttar Pradesh High School and Intermediate Colleges (Payment of Salaries of Teachers and Other Employees) Act, 19711 as being ultra vires to Section 16-A(7) of the Uttar Pradesh Intermediate Education Act 19212.
Section 16-A of the Intermediate Education Act provides for the framing of a Scheme of Administration. Under sub-section (7), it has been provided thus:
"(7) Whenever there is dispute with respect to the Management of an institution, persons found by the Regional Deputy Director of Education, upon such enquiry as is deemed fit to be in actual control of its affairs may, for purposes of this Act, be recognised to constitute the Committee of Management of such institution until a Court of competent jurisdiction directs otherwise:
Provided that the Regional Deputy Director of Education shall, before making an order under this sub-section, afford reasonable opportunity to the rival claimants to make representations in writing.
Explanation. - In determining the question as to who is in actual control of the affairs of the institution the Regional Deputy Director of Education shall have regard to the control over the funds of the institution and over the administration, the receipt of income from its properties, the Scheme of Administration approved under sub-section (5) and other relevant circumstances."
Sub-section (7) of Section 16-A applies where there is a dispute with respect to the Management of an institution. In such an event, persons found by the Regional Deputy Director of Education, upon enquiry "to be in actual control of its affairs" may, for the purpose of the Act, be recognized to constitute the Committee of Management of the institution, until otherwise directed by a court of competent jurisdiction. This provision indicates that under sub-section (7), a power has been conferred upon the Regional Deputy Director of Education to recognize as a Committee of Management such body which is found to be in actual control of the affairs of the institution. However, this is for the purposes of the Act and the direction operates until a court of competent jurisdiction decides otherwise. The Explanation to sub-section (7) of Section 16-A provides the circumstances which are to be borne in mind in determining as to who is in actual control of the affairs of the institution. The Regional Deputy Director of Education is to have regard to (i) control over the funds of the institution; (ii) control over the administration; (iii) control over the receipt of income from its properties; (iv) the Scheme of Administration approved under sub-section (5); and (v) other relevant circumstances.
The Payment of Salaries Act contains a provision in Section 5 for the payment of salary of recognized institutions which receive a maintenance grant from the State Government. Under sub-section (1) of Section 5, the Management is, for the purpose of disbursement of salaries to its teachers and employees, required to open a separate bank account which is to be opened jointly by a representative of the Management and by the Inspector or an officer authorised by him. Under the first proviso to sub-section (1) of Section 5, a provision has been made for single operation of accounts if the Inspector is satisfied that it is expedient in public interest so to do. In such an event, the Inspector would instruct the bank that the account would be operated by the representative of the Management alone. In other words, joint operation is replaced by a direction for single operation when it is expedient in public interest to do so under the first proviso to sub-section (1) of Section 5. Section 5(1) is extracted herein below for convenience of reference:
"5. Procedure for payment of salary in the case of certain institutions.- (1) The management of every institution shall, for the purpose of disbursement of salaries to its teachers and employees, open in a Scheduled Bank or a Co-operative Bank a separate account to be opened jointly by a representative of the management and by the Inspector or such other officer as may be authorised in that behalf:
Provided that after the account is opened, the Inspector may, if he is, subject to any rules made under this Act, satisfied that it is expedient in the public interest so to do, instruct the bank that the account shall be operated by the representative of the management alone, and may at any time revoke such instruction:
Provided further that in the case referred to in the proviso to sub-section (2), or or where a difficulty arises in the disbursement of salaries due to any default of the management, the Inspector may instruct the Bank that the account shall be operated only by himself or by such other officer as may be authorised by him in that behalf and may at any time revoke such instruction."
Section 6 of the Payment of Salaries Act empowers the Inspector to recommend action being taken against an institution where he is satisfied that the Management has committed default in complying with its statutory obligations under Sections 3, 4 or 5. Under sub-section (3) of Section 6, the Regional Deputy Director is empowered, upon considering the cause shown by the Management, to supersede the Management. Thereupon, after an order is made under sub-section (3), the Authorised Controller shall, to the exclusion of the Management, exercise all the powers and perform the functions of the Management including in respect of management of the property belonging to or vested in the institution. The Authorised Controller would operate singly the bank account referred to in Section 5. In other words, once an Authorised Controller is appointed under the provision of sub-section (3) of Section 6, sub-section (4) mandates that the bank account shall be operated singly; the bank account being that which is referred to in Section 5.
Once the provisions of Section 16-A(7) of the Intermediate Education Act and those of Section 5(1) and Section 6(4) of the Payment of Salaries Act are appreciated in their proper perspective, it is evident that there is no conflict between the two sets of provisions. Sub-section (7) of Section 16-A empowers the Regional Deputy Director of Education to recognize who should constitute the Committee of Management where there is a dispute with respect to management, and the Explanation to sub-section (7) contains a reference to the circumstances which are to be borne in mind, including control over the funds of the institution. The Payment of Salaries Act is an Act to regulate the payment of salaries to teachers and employees of High School and Intermediate Colleges receiving State aid. The first proviso to Section 5(1) empowers the Inspector to order single operation of the bank account in the circumstances which are referred to therein. Section 6 (3) empowers the Regional Deputy Director to supersede the Management. In that event the Authorised Controller is appointed, upon which he shall exercise all powers of the Management including single operation of the bank account. There is, thus, no conflict of jurisdiction much less any conflict between the statutory provisions. Both sets of provisions are of State legislation and have to be read harmoniously so as to give full effect to the statutory scheme.
We do not find any reason or justification to entertain the second prayer for seeking enforcement of a Government Order. The State Government is vested with adequate powers to ensure that its orders are duly enforced, albeit in accordance with the provisions of law.
Consequently, we see no reason to entertain the writ petition. The writ petition is accordingly dismissed. There shall be no order as to costs.
Order Date :- 17.2.2016 AHA (Dr D Y Chandrachud, CJ) (Yashwant Varma, J) Hon'ble Dr D Y Chandrachud, CJ Hon'ble Yashwant Varma, J Dismissed.
For orders, see order of date passed on separate sheets.
Order Date :- 17.2.2016 AHA (Dr D Y Chandrachud, CJ) (Yashwant Varma, J)