JUDGMENT A.K. Yog, J.
1. There is a recognised minority Inter College by the name of 'Khair Industrial Higher Secondary School, Basti, (for short called the institution). One Syed Alauddin claiming to be President/ Secretary of the said institution filed present petition in the name of Committee of Management of the institution and also in his personal capacity and sought to challenge order dated 26.2.1999 passed by District Inspector of Schools, respondent No. 1, (Annexure-6 to the writ petition).
2. The said impugned order is said to have been passed on the basis of opinion obtained from standing counsel ; true copy of the said opinion dated 12.2.1999 has been annexed as Annexure'-7 to the petition. It is sad to note that standing counsel appointed by the State Government at the High Court gave opinion against record. The standing counsel ought to have desisted from giving such opinion, which was apparently aimed to help a litigant out of way. The District Inspector of Schools should have also applied his own mind and relied upon his wisdom. It is high time, that Court must take notice of the fact that opinions are obtained from standing counsel and concerned DGC (Civil) for extraneous consideration which are. per se record, given for strengthening hands of one or the other unscrupulous litigant. Authorities and officials who are involved in such racket cannot be said to be aboveboard. Their own integrity comes under shadow of doubt. In the facts of this case, it is appropriate that a copy of this judgment shall be sent to the Chief Secretary, U. P. Government for Initiating enquiry and suitable action against concerned District Inspector of Schools and to ensure to check on such practices in future.
3. One Sri Dwarika Prasad, the then District Inspector of Schools vide his order dated 17.10.1998 held that none of the three rival contending parties could be recognized as legally constituted Committee of Management.
4. The District Inspector of Schools, sent a letter dated 5.2.1999 addressed to Sri S. C. Srivastava, standing counsel for U. P., at High Court of Allahabad. One fails to find reason why said letter was addressed to particular standing counsel. Reasons may not be too far to find. After having managed a tailor-made legal opinion, the then District Inspector of Schools got fortified to pass an order, which he was not otherwise in a position to Issue (in view of his order dated 17.10. 98) and oblige a particular party of his choice.
5. In the impugned order dated 26.2.1999, the District Inspector of Schools, referred to the opinion of the standing counsel and went ahead boldly to perpetuate gross misuse of his official position and power. He passed impugned order and recognised one Sri Hamidullah Khan as President/Manager/Treasurer.
6. This Court regrets to record a note that District Inspector of Schools (belonging to educational department) become instrumental in paving way to circumvent his own order dated 17.10.1998 and for it, he willingly went out of his way. It has lead to more fierce litigation.
7. Ultimately, Court is a mute sufferer, as it has to deal with litigation fomented by Government Officers of the Slate Government. The entire situation requires serious consideration and positive action at the higher level. District Inspector of Schools had found that said Hamidullah Khan was not entitled to be recognized vide order dated 17.10.1998. Nothing having intervened in between, the said District Inspector of Schools had no business, to recognise any person as the Manager.
8. It is argued before this Court that Syed Alauddin has no locus standi to file present petition as he was not a party when District Inspector of Schools passed order dated 17.10.1998. The other contesting respondent submitted that said Syed Alauddin had subsequently replaced Abdul Wahid Siddlqui [whom he had represented before District Inspector of Schools). This Court need not go into the merit and demerit of the said issue, inasmuch as there is no allegation that Committee of Management represented by Abdul Wahid Siddiqui did not authorise said Syed Alauddin to file the present petition.
9. Apart from the above, this Court is seized of the matter in exercise of its jurisdiction under Article 226, Constitution of India is fully entitled to take notice of the illegality committed by the Government Officer in the case. It cannot be ignored on technicalities.
10. The impugned order dated 26.2.1999 (Annexure-6 to the writ petition) passed by District Inspector of Schools. Basti, is set aside. Respondents are directed to restore the position, which existed immediately on the day of passing of the order dated 17.10.1998.
11. Writ petition stands allowed. There will be no order as to costs.
12. Registry is directed to send a certified copy of this judgment to the Advocate General for information.