Court No. - 39 Case :- WRIT - C No. - 45926 of 2010 Petitioner :- C/M Model Inter College Ghungharawali And Others Respondent :- State Of U.P. & Others Petitioner Counsel :- Radha Kant Ojha,Hemendra Pratap Singh Respondent Counsel :- C. S. C. Hon'ble Dilip Gupta,J.
The Committee of Management of Model Inter College
Ghungharwali, District Bulandshahr though its Manager and four
other members of the Committee of Management have filed this
petition for setting aside the order dated 5th April, 2010 passed by
the District Inspector of Schools by which he has approved the ‘No
Confidence Motion’ passed against the Manager of the Committee
of Management of the Institution and has, accordingly, passed an
order for single operation of the salary account of the Institution.
It is submitted by Sri R.K. Ojha, learned counsel for the petitioners
that there were 10 undisputed members of the Committee of
Management of the Institution, out of which three members had
died and only 7 member remain. It is his submission that out of
these 7 members, five members have approached this Court for
setting aside the order passed by the District Inspector of Schools.
It is also his submission that the District Inspector of Schools
passed the impugned order without giving any opportunity
whatsoever to the Manager of the Institution. He, therefore,
submits that liberty may be given to the petitioners to file a
representation before the District Inspector of Schools who may
examine the same and pass an appropriate order.
Learned Standing Counsel appears for the respondent Nos. 1, 2
and 3. In view of the order that I propose to pass it is not necessary
to issue notice to respondent No.4.
Since it is claimed by the petitioners that opportunity was not
given to them before the impugned order was passed by the
District Inspector of Schools and nor is it clear from the impugned
order that any opportunity was given, the petitioners may file a
representation before the District Inspector of Schools within two
weeks from today along with a certified copy of this order and in
case such a representation is filed, the District Inspector of Schools
shall examine the same and pass an appropriate order after hearing
the parties concerned including respondent No.4 expeditiously,
preferably within a period of six weeks from the date of filing of
the representation. The order impugned in the present petition shall
abide by the order to be passed by the District Inspector of
Schools.
The writ petition is disposed of accordingly.
It is made clear that the Court has not adjudicated upon the merits
of the case which shall be examined by the District Inspector of
Schools in accordance with law.
Order Date :- 5.8.2010
SK