Heard.
This Court has passed order dated 4.2.2021 as under :
"Heard Sri Vinay Misra, learned counsel for the petitioner, learned Standing Counsel and Sri Som Kartik, learned counsel for the opposite party no. 5.
On 1.12.2020 Sri Som Kartik has raised preliminary objection regarding maintainability of the writ petition by submitting that term of committee of management has already expired in the month of June, 2020, therefore, the petitioner does not have any locus standi to maintain the present writ petition.
To meet out such objection learned counsel for the petitioner has filed reply to the short counter affidavit on 3.1.2021 and supplementary affidavit on 23.1.2021. In the supplementary affidavit dated 23.1.2021 the copy of bye-laws and scheme of administration of the institution in question has been enclosed. As per clause 9 which defines term of committee of management, the term of the committee of management shall be of five years and after expiry of the period of 5 years the committee of management shall continue for one more month for the purposes of conducting election of the committee of management. Learned counsel for the petitioner has submitted that the term of committee of management expired in the month of June, 2020, therefore, the petitioner has preferred a letter dated 1.6.2020 (Annexure no. 1 to the reply to the short counter affidavit dated 3.1.2021) to the D.I.O.S., Lucknow apprising that the term of committee of management is being expired, therefore, proper guidelines be provided to conduct election of committee of management. As per learned counsel for the petitioner the D.I.O.S. has not taken any steps in accordance with law. However, even after expiry of the term of committee of management, the committee of management in question is discharging the administrative and financial functions as no Administrator has been appointed by the D.I.O.S.
Prima facie it appears that had the D.I.O.S. taken proper steps on the application of the petitioner dated 1.6.2020 (supra), either the election of the committee of management would have been conducted or any Administrator would have been appointed. Therefore, the specific instructions on the said point shall be required from the D.I.O.S., Lucknow.
Learned Standing Counsel has submitted that the copy of the reply to the short counter affidavit dated 3.1.2021 has not been provided to him wherein the petitioner has enclosed the letter dated 1.6.2020 preferred to the D.I.O.S., Lucknow, therefore, has requested that the said copy may be provided to him for seeking instructions.
Sri Vinay Misra has provided a copy of the reply to the short counter affidavit of opposite party no. 5 dated 3.1.2021 to learned Standing Counsel.
List again on 11.2.2021 as fresh to enable the learned Standing Counsel to seek complete instructions in the matter."
In compliance of the aforesaid order learned Standing Counsel has produced instruction letter dated 6.2.2021 of D.I.O.S., Lucknow, the photo copy of the aforesaid letter is taken on record. In nutshell the aforesaid letter reveals that after the expiry of the term of the committee of management and correspondences between the authorities the order of single operation for disbursement of salary has been made w.e.f. 26.11.2020. The services of opposite party no. 5 have been dispensed with vide proposal of committee of management dated 7.3.2019 and vide letter dated 28.11.2020 the said proposal has been sent to U.P. Secondary Education Service Selection Board, opposite party no. 3 for necessary exercise being carried out. Presently the issue is pending consideration before the Board.
By means of this petition the petitioner has prayed mainly two reliefs as under :
"(i) Issue a writ order or direction in the nature of Mandamus commanding the opposite party no. 4 to forward the proposal alongwith recommendation relating to the dispensation of services of the opposite party no. 5 to the Uttar Pradesh Madhyamik Shiksha Sewa Chayan Board, Prayagraj (opposite party no. 2 and 3 for consequent action and not allow to the episode to linger on, in the interest of justice.
(ii) Issue a writ order or direction in the nature of Mandamus commanding the opposite party no. 2 and 3 to take final decision in respect fo the opposite party no. 5 as after several enquiries it has been established that he gained access to appointment by submitting forged post graduate mark sheet and degree, interest of justice."
In the wake of the instruction letter dated 6.2.2021 wherein it has been categorically indicated that the issue is pending consideration before the opposite party no. 3, this writ petition has rendered infructuous.
This writ petition is disposed of finally directing the opposite party no. 3 i.e. Secretary, U.P. Secondary Education Service Selection Board, Prayag Raj to decide the issue strictly in accordance with law preferably within a period of two months from the date of production of certified copy of the order of this Court and decision thereof be intimated to all the concerning parties.
Disposed of.
Order Date :- 11.2.2021/Om [Rajesh Singh Chauhan, J.]