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C/M Church City J.H.S. Thru' Manager & Another v. State Of U.P. Thru' Secy. Basic Educatin & Ors. - WRIT - C No. 45540 of 2006 [2006] RD-AH 14358 (25 August 2006)


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).


Court no. 40

Civil Misc. Writ Petition No.45540 of 2006

Committee of Management Church City Junior High School and  another...........................................................................................Petitioner


State of U.P. and others..............................................................Respondents.

Hon. S.N.Srivastava, J.

Learned Standing counsel prays for and is granted six weeks time to file counter affidavit. Sri V.M.Zaidi who appears for Committee of Management through president and another in writ petition No. 42621 of 2006 prays for time to file application for impleadment in this petition and therefore, it is directed that he may file application for impleadment of the Committee of Management through president and another as one of the Opp. Parties. The learned counsel is also granted time to file the counter affidavit within three weeks. List this matter after expiry of the aforesaid period alongwith connected writ petition.

Connect it with writ petition Nos. 41784 of 1999, 22104 of 2000, 26333 of 2001 and also 48816 of 2005. The writ petition no. 42621 of 2006 shall also be treated as connected to the present petition.

In the writ petition no. 42621 of 2006 preferred by Committee of Management through President and another, I have already made an order staying operation of the order dated 28.7.2006 passed by Joint Director Education on the ground that no opportunity was given to the Managing Committee before appointing authorized controller. In the instant case, learned counsel for the petitioner has drawn attention to the fact that the dispute in the instant case is inter-se between the president, the Deputy Manager and the office bearers of the Committee of Management on one hand and Ved Prakash Sharma, the Manager on the other side. According to the rival claims, Ved Prakash Sharma was removed by the Committee of management while according to Ved Prakash Sharma, it was president and other office bearers who were removed. It is in this perspective that this Court passed order in the connected writ petition no. 42621 of 2006 staying operation of the order dated 28.7.2006 appointing authorized controller to run the affairs of the Institution.

Having considered the matter in all its ramifications, I am of the view that in the fluid situation obtaining in the Institution, it would meet the ends of justice if it is directed that payment of salary to teachers and other employees of the Institution be made by single operation. It is ordered accordingly. In so far as dispute pertaining to removal of Manager or removal of President, the Deputy Manager and other office bearers as the case may be is concerned, in my considered view, it would be in the fitness of things if matter is relegated to the Joint Director Education for resolving the dispute. In this connection, it is directed that in case any of the parties prefers a representation before the authority aforesaid, the matter shall be heard in entirety and shall be taken to some conclusion within a time-frame preferably within three months from the date of filing of the representation. The Authority concerned shall decide the dispute after affording opportunity of hearing to all concerned and after reckoning with the relevant materials on record. The order shall be speaking order and shall contain reasons for conclusions.

This order shall also govern the order dated 8.8.2006 passed in connected writ petition no. 42621 of 2006.




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