Learned counsel for the petitioners states that an inquiry with regard to the misuse of the income of the land of the institution is going on in pursuance of the order of the District Magistrate, Kanshi Ram Nagar in which the petitioners have already filed reply. The District Inspector of Schools, Kanshi Ram Nagar by the order dated 5.12.2011 has directed the Principal of the college to make further inquiry in this regard and has also wrote a letter dated 25.10.2011 to the President/Manager of the college restraining them to hold any meeting of the committee of management and in case if the meeting is necessary, it should be held with prior permission of the District Inspector of Schools, Kanshi Ram Nagar, which is without jurisdiction. The District Inspector of Schools, Kanshi Ram Nagar has no power to pass the aforesaid two orders. Section 16 -D of the Uttar Pradesh Intermediate Education Act, 1921 does not give any power to the District Inspector of Schools, Kanshi Ram Nagar and there is no provision under the Act giving any such power to the District Inspector of Schools, Kanshi Ram Nagar.
There is substance in the submission of learned counsel for the petitioners, which requires consideration.
Learned Standing Counsel may file counter affidavit within four weeks. Rejoinder affidavit may be filed within two weeks.
List thereafter.
Till the next date of listing, the operation of the orders dated 25.10.2011 and 5.12.2010 passed by the District Inspector of Schools, Kanshi Ram Nagar, Annexures-6 and 7 to the writ petition, shall remain stayed.
Order Date :- 12.1.2012 OP