Heard learned counsel for the petitioner and learned Standing Counsel for the State- Respondents.
In pursuance of earlier order passed by this Court, learned Standing Counsel has placed before this Court a copy of the instruction send from the office of District Inspectors of Schools, Lucknow dated 28.07.2021.The same is taken on record.
In the said instruction, it has been stated hat a letter was sent of his office dated 21.08.2020,asking information from the Manager regarding the validity/continuance of the Committee of Management. No reply was submitted by the petitioner.A reminder was sent on 25.03.2021 which was also ignored by the petitioner and no information was provided to the D.I.O.S.Lucknow. The third letter was sent on 03.06.2021 . In pursuance of such letter dated 03.06.2021, the petitioner send his reply on 05.06.2021 but did not submit any documentary evidence of the Committee of Management after being validly elected in December 2018, as alleged in the reply. A copy of the reply has also been sent from the same. It is apparent that although the enclosures have been mentioned as included the list of the members of the Committee of Management. No other document has been included except in the prescribed proforma.
It has been stated by D.I.O.S. Lucknow in his instruction that the Committee of Management of the college is said to have been elected on 22.12.2018 and that its tenure was upto 22.12.2021 but no information regarding such election was ever given to the D.I.O.S. Lucknow in time , in fact the D.I.O.S. was not even asked to send any observer as is required under the Scheme of Administration of the college concerned. There was no document submitted in the office of D.I.O.S. Lucknow to show that the election was held in accordance with bylaws of the Society running the school or in accordance with Scheme of Administration of the college concerned.
This Court has perused of the instruction. The writ petition is disposed of with the direction to the petitioner to file all the necessary documents and submit a fresh representation to the office of the District Inspectors of Schools, Lucknow within ten days from today. After receipt of such representation, District Inspectors of Schools, Lucknow shall fix a date for personal hearing and on the date of personal hearing petitioner shall produce all the documents in original including attestation of signature of the Manager of the Committee of Management that was newly elected on 22.12.2021 and the D.I.O.S. shall pass a fresh reasoned and speaking order on such representation within four weeks thereafter.
Since Single Hand Operation has already been implemented and the salaries of teaching and non-teaching staff has been disbursed on 09.06.2021 such arrangement shall continue only till fresh orders are passed by the District Inspector of Schools, Lucknow and shall be subject to such fresh order to be passed by the District Inspectors of Schools, Lucknow on the representation of the petitioner.
Order Date :- 29.7.2021 dk/