JANTA INTER COLLEGE PATESHWARNATH, PATIJIYA BUJURG, GONDA Vs. STATE OF U.P.THROUGH SECRETARY OF EDUCATION, MADHYAMIK SIKSHA

JUDGEMENT

(1.) Heard Mr. Mohd. Arif Khan, Senior Advocate assisted by Mr. D.K. Mishra, learned Counsel for the petitioners as well as Pt. S. Chandra, learned Counsel for opposite party No. 6 and learned Standing Counsel.

(2.) Being aggrieved with the order dated 26th of February, 2010 passed by, the Director of Education (Secondary), Lucknow, the petitioners have filed the present writ petition.

(3.) Mr. Pt. S. Chandra, learned Counsel for opposite party No. 6 raised question of locus of the petitioner to file the writ petition on behalf of the Committee of Management being a Principal of the College as well as also raised objection against the maintainability of the writ petition in the light of provisions provided under section 8 of the U.P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and Other Employees) Act, 1971. He submits that the order impugned has been passed in exercise of power provided under section 7 of the Act, which is revisable by the State Govt, under section 8 of the Act, accordingly he submits that the writ petition deserves to be dismissed on the ground of alternative remedy.