Over 2 lakh Indian cases. Search powered by Google!

Case Details

C/M. SHRI TEJ BAHADUR SINGH INTER COLLEGE AND ANR. versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

Case Law Search

Indian Supreme Court Cases / Judgements / Legislation

Judgement


C/M. Shri Tej Bahadur Singh Inter College And Anr. v. State Of U.P. And Others - WRIT - C No. 71143 of 2005 [2005] RD-AH 7225 (9 December 2005)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

                                                                                       Court No.38

Civil Misc. Writ Petition No.71143 of 2005

Committee of Management Shri Tej

Bahadur Singh Inter College, Nigoh

Jaunpur and another

Versus

State of U.P. & others

Hon'ble Vineet Saran, J

The controversy in this writ petition is with regard to the extension of the term of the Authorized Controller which has been granted by the order dated 25.8.2005, passed by the respondent no. 3.

The relevant facts for the purposes of decision of this writ petition are that because of non-payment of certain dues of respondents no. 6 to 9, by an order dated 25/28th August, 2004 passed by the Joint Director of Education, Varanasi Region, Varanasi, the District Inspector of Schools, Jaunpur was appointed as Authorized Controller under Section 6(3) of the U.P. High School and Intermediate Colleges (Payment of Salaries of Teachers and Other Employees) Act, 1971. When the one year term of the Authorized Controller expired, on 25th August, 2005 the Joint Director of Education, Varanasi Region, Varanasi passed a fresh order extending the term of the Authorized Controller by another one year. This order is said to have been passed on the basis of some report submitted by the District Inspector of Schools, Jaunpur who was himself appointed as Authorized Controller.

Counter affidavit has been filed by the private-respondents no. 6 to 9, to which rejoinder affidavit has also been filed. By an order dated 29.11.2005 learned Standing Counsel representing the State-respondents no. 1 to 5 was directed to produce the record, which he has done so today. From a perusal of the letter of the District Inspector of Schools, Jaunpur which has been produced before me by the learned Standing Counsel and which was the basis for extending the term of the Authorized Controller, it is clear that substantial payment had already been made prior to the passing of the order dated 25.8.2005. However, certain other payments to the respondents no. 6 to 9 still remained due and hence it was recommended by the District Inspector of Schools that he be permitted to continue as Authorized Controller. However, the learned Standing Counsel has stated on the basis of the instructions having been received by him from the District Inspector of Schools, Jaunpur, who is present in Court, that the entire dues of respondents no. 6 to 9 have already been cleared on 23rd September, 2005.

Sri P.S.Baghel, learned counsel appearing for the said private respondents no. 6 to 9, however, disputes the same and has submitted that the matter relating to calculation of dues of his clients is pending before the Joint Director of Education, before whom the Committee of Management is also appearing and 21.12.2005 is the next date fixed.

Sri Ashok Khare, learned Senior Counsel appearing for the petitioners has, however, challenged the order dated 25.8.2005 on the ground that the same has been passed mechanically without application of mind and since during the period of one year the Authorized Controller could not make the payment of the said respondents no. 6 to 9 then there was no necessity that the period of appointment of Authorized Controller be extended and the newly elected Committee of Management ought to have been given back the charge to manage the affairs of the College.

On a perusal of the impugned order, it does appear that the said order has been passed mechanically. Vested rights of the Committee of Management are affected by such an order by which the term of the Authorized Controller has been extended and thus, in my view, some opportunity ought to have been given to the Committee of Management prior to the passing of the said order. There is no reason, whatsoever, given in the impugned order as to why the period of the Authorized Controller is being extended for a further term of one year. As such, in my view, the said order does not appear to be justified and is liable to be quashed.

Sri P.S.Baghel, learned counsel appearing for the respondents no. 6 to 9 has, however, submitted that the Committee of Management would not pay to his clients their remaining dues, which, according to him, are quite substantial.

Although learned Standing Counsel representing the State-respondents has made a categorical statement that entire dues of respondents no. 6 to 9 have already been cleared but since it is also not disputed by the parties that some matter relating to the payment of dues of respondents no. 6 to 9 is still pending before the Joint Director of Education, in which 21.12.2005 is the next date fixed, this writ petition is being disposed of with the direction that the Committee of Management of the college shall, within one month of the passing of the order by the Joint Director of Education with regard to the payment of remaining dues of respondents no. 6 to 9, forward the necessary papers for making such payment.

Sri Ashok Khare, learned Senior Counsel as well as Sri S.D.Shukla, learned counsel appearing for the petitioners, on having received instructions from their clients, undertake that within one month of the decision of the Joint Director of Education, necessary papers with regard to the payment of respondents no. 6 to 9 (as may be found due by the order of the Joint Director of Education) shall be forwarded. An affidavit of the Manager of Committee of Management, Sri Devendra Bahadur Singh, giving such undertaking, shall also be filed and placed on record within three days from today.

Subject to the aforesaid directions, this writ petition stands allowed. The order dated 25.8.2005 passed by the Joint Director of Education, Varanasi Region, Varanasi as well as the consequential order dated 31.8.2005 passed by the District Inspector of Schools, Jaunpur are quashed.

However, there shall be no order as to costs.

Let a certified copy of this order be issued to the learned counsel for the parties on payment of usual charges immediately after the undertaking of the petitioner no. 2 is placed on record by the learned counsel for the petitioners.

Dt/-9.12.2005

PS


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

Advertisement

dwi Attorney | dui attorney | dwi | dui | austin attorney | san diego attorney | houston attorney | california attorney | washington attorney | minnesota attorney | dallas attorney | alaska attorney | los angeles attorney | dwi | dui | colorado attorney | new york attorney | new jersey attorney | san francisco attorney | seattle attorney | florida attorney | attorney | london lawyer | lawyer michigan | law firm |

Tip:
Double Click on any word for its dictionary meaning or to get reference material on it.