Court No. - 39 Case :- WRIT - C No. - 64029 of 2009 Petitioner :- C/M, Kanya Vedik Vidyalaya Inter College & Another Respondent :- State Of U.P. & Others Petitioner Counsel :- Gautam Baghel,P.S. Baghel Respondent Counsel :- C.S.C.,Saroj Yadav Hon'ble Dilip Gupta,J.
This petition seeks the quashing of the order dated 22nd October,
2009 passed by the Joint Director of Education, Meerut by which
an Authorised Controller has been appointed in the Institution
under Section 6(2) of the U.P. High Schools and Intermediate
Colleges (Payment of Salaries of Teachers and Other Employees)
Act, 1971 (hereinafter referred to as the ‘Act’).
A preliminary objection has been raised by Sri R.K. Ojha, learned
counsel for the caveator that against the impugned order, the
petitioner has filed an appeal before the Director of Education as
provided under Section 7 of the Act.
The Act provides for an appeal under Section 7 and the petitioner
has already availed this remedy. The Court, therefore, declines to
entertain this petition.
At this stage, Sri P.S. Baghel, learned Senior Counsel appearing
for the petitioner submits that the appeal may be decided
expeditiously.
The writ petition is dismissed on the ground of alternative remedy.
However, the appeal filed by the petitioner shall be decided
expeditiously, preferably within a period of two months after
hearing the parties concerned.
Order Date :- 7.1.2010
SK