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C/M Dav Inter College And Another v. The State Of U.P. Thru' Its Secretary And Others - WRIT - A No. 35055 of 2007  RD-AH 14119 (17 August 2007)
Civil Misc. Writ Petition No. 35055 of 2007
Committee of Management & another ................................ Petitioners
State of Uttar Pradesh & others ............................... Respondents
Hon'ble Ashok Bhushan, J.
Heard counsel for the petitioners. Sri Alok Dwivedi has put in appearance on behalf of the respondent no. 6. Learned standing counsel appears for respondents No. 1 to 4. Issue notice to respondent no. 5.
By this writ petition the petitioners have prayed for quashing the order dated 20.7.2007 by which the District Inspector of Schools has directed the Committee of Management to permit the teachers to sign the attendance register and work. The order further states that in view of the disobedience of the departmental orders, recommendation shall be sent for taking action against the petitioners under the Uttar Pradesh High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees ) Act, 1971 . Learned counsel for the petitioners contended that the order has already been passed by the State Government on 24.4.2006 by which the State Government has directed the education authorities to absorb thirty seven teachers who are claimed to be surplus in the Institution by the Committee of Management. The counsel for the petitioners contended that instead of taking any action as per order dated 24.4.2006, the District Inspector of Schools has issued an order directing that unless the work is allotted to the teachers action will be taken under the Uttar Pradesh High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees ) Act, 1971. It is contended that the number of students having been reduced to 251 there is no work which can be assigned to all the 69 teachers of the Institution. Learned counsel for the petitioners has, however, submitted that the Committee of Management cannot have any objection in regard to payment of salary to the teachers and their attendance in the Institution till they are absorbed in any other Institution. Learned counsel for the respondent No. 6 submitted that the a writ petition has been filed being writ petition No. 41966 of 2006 by Mahendra Singh Yadav ( respondent no. 6 in the present writ petition ) and other teachers challenging the order dated 24.4.2006 of the State Government and subsequent letter dated 7.6.2006 of the Director of Education in which writ petition a writ of mandamus has been sought restraining the respondents from interfering in the working of the petitioners. Learned counsel for the respondent further submitted that the number of students are not 251 but there are more than 400 students. He submits that the teachers are entitled to come to the Institution, mark their attendance and also to teach since there is no order directing their absorption in any other Institution till date, he further submits that the Management has intention of closing the entire institution and utilise the properties.
I have considered the submissions of counsel for the parties and perused the record.
The order impugned in the writ petition dated 20th July, 2007 has been issued referring to the order of the State Government dated 24.4.2006 which is subject matter of challenge in the writ petition No. 41966 of 2006 in which case no interim order has yet been granted by this Court. The fact that the State Government has already directed for absorption of thirty seven teachers prima facie supports the contention of the petitioners that there are no sufficient periods which can be allocated to all the sixty nine teachers working in the Institution. The direction of the District Inspector of Schools to the Committee of Management to allow all teachers teaching may not be practically possible in view of the facts brought on the record. However, the District Inspector of Schools has rightly directed that the teachers has to be permitted to mark their attendance in the Institution and due to not marking of the attendance the difficulty may arise in payment of their salary. It is also relevant to note that the District Inspector of Schools has issued letter dated 13.7.2007 asking the Committee of Management to give certain details for compliance of the order dated 24.4.2006 of the State Government and according to said letter proceedings are in progress.
In view of the facts of the present case and the dispute between the parties it is appropriate that this writ petition be also heard along with writ petition No. 41966 of 2006. Considering the facts brought on the record the order dated 20.7.2007 only to the extent which directs that all teachers be allowed teaching as they were earlier doing, deserves to be stayed and is hereby stayed. It is, however, made clear that the teachers shall mark their attendance. However, the Principal of the Institution shall make efforts to provide necessary periods to teachers as per 'Manak' prescribed by the State Government. It is also made clear that this order be not interpreted in any manner authorising the petitioners or the State authorities to deny payment of salary to the teachers till any order for their absorption is passed. Learned counsel for the respondent also contended that certain proceedings have been initiated against the Committee of Management, it is not necessary to express any opinion with regard to any other proceedings which is not subject matter of the writ petition.
Let a counter affidavit be filed within three weeks.
List thereafter along with writ petition No. 41966 of 2006.
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