MANAGING COMMITTEE SHRI KASHI RAJ MAHAYIDYALAYA INTERMEDIATE COLLEGE, AURAI, VARANASI Vs. STATE OF U.P. AND OTHERS

JUDGEMENT

(1.) This writ petition is directed against an order dated 7th Aug., 1978 passed by the State Government taking over the management of the petitioner educational institutional under clause (5) of Sec. 16-D, U. P. Intermediate Education Act.

(2.) It appears that an Authorised Controller had been appointed for the management of the petitioner institution under sub Sec. (4) of Sec. 16-D. The Authorised Controller reported to the Government that the Managing Committee is not following his instructions and that the condition of the institution was deteriorating day by day. The management was asked to file his reply which they did. The Director of Education then considered the matter and submitted a report to the Government that his reply was not satisfactory. Ultimately, after considering the entire matter the impugned order was passed by the State Government on 7th Aug., 1978. The sole ground raised in this writ petition is that the impugned order does not give an reasons for the conclusion that it was a fit case for action under sub Sec. (5) of Sec. 16-D. Under sub-section f 5) the Government can takeover the management of the institution where the management does not comply with or refuses to carry out the directions given by the Authorized Con.roller. Here, the. Authorised Controller made a complaint to that effect The petitioner was afforded an opportunity to meet his complaints He filed an explanation which was first considered by the Director of Education He felt that the explanation given was unsatisfactory. Thus, the charge of non-compliance with the directions of the Controller stood established. Thereafter the matter was considered by the Government which came to the same conclusion. In the impugned order it has been stated that the Controller's orders are not being carried and that the condition of the institution is deteriorating day by day and is full of tension. The expenditure is being increased in the college. We are satisfied that the State Government did apply its mind to the proper issues and came to its conclusion dispassionately. Sub-section 5 A requires the Government to be satisfied that there are special and exceptional reason Sub-section (5), however, authorises the Government to act if it is satisfied that the Management has refused to carry out the directions of the Authorised Controller. On the materials before us we are satisfied that the State Government applied its mind and reached the requisite satisfaction. The writ petition has no substance. It is accordingly dismissed with costs.

(3.) Learned counsel prays for a certificate under Art. 133(1) of the Constitution. We do not find that the case raises any such substantial question of law of general importance which needs to be decided by the Supreme Court. We accordingly decline the request. Petition dismissed.