Court No. - 54
Case :- WRIT - C No. - 42419 of 2019 Petitioner :- M/S Maharshi Nishank Inter College And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Nand Lal Pandey,Suyash Pandey Counsel for Respondent :- C.S.C.
Hon'ble Rajiv Joshi,J.
Heard counsel for the petitioners and learned standing counsel appearing for the State respondents.
By means of the present petition under Art. 226 of the Constitution, the petitioner - committee of management questions the validity of the order dated 9.4.2019 of the DIOS and seeks its quashing. Further a direction in the nature of mandamus is also sought commanding the Joint Director of Education, Kanpur Region, Kanpur to appoint an authorized controller in the institution namely Maharshi Nishank Inter College, Nawada, district Kannauj for holding election of the committee of management, within some specified period.
Learned counsel for petitioner submits that admittedly the tenure of the committee of management has expired long back and no election of the committee of management of the society has taken place after 2007-2008 as averred in paragraph no. 7 of the writ petition. But the order impugned has been passed by the DIOS for operating accounts of the institution singly. Contention of the learned counsel is that the order impugned for single operation of accounts is without jurisdiction and authorised controller can only be appointed in case the the society or committee of management committed any fault. According to the learned counsel, the proper course which is open in such circumstances to the authorities is to appoint authorised controller and not to pass order for single operation of accounts. It is next submitted that in this regard the petitioner has filed a representation dated 4.10.2019 ( annexure-11) though not happily worded to the Joint Director of Education, Kanpur Region, Kanpur but nothing has been done in the matter at the instance of the Joint Director.
Agreeing with the above submissions, learned standing counsel for respondents submits that suitable direction may be issued to the Joint Director to take decision in the matter.
In the opinion of this Court, no useful purpose would be served by calling counter affidavit from the respondents and unnecessarily keep the petition pending.
Therefore, after hearing learned counsel for the petitioners, learned standing counsel and perusing the record, the present writ petition is being finally disposed of by granting liberty to the petitioner to file a fresh representation before respondent no. 2-Joint Director of Education, Kanpur Region, Kanpur within a period of ten days. In case any such representation is made, the respondent no. 2-Joint Director of Education, Kanpur Region, Kanpur, shall consider and decide the same in accordance with law expeditiously, if possible, within a period of three months from the date of receipt of such representation alongwith certified copy of this order. No order as to costs.
Order Date :- 19.12.2019 SNT/