COMMITTEE OF MANAGEMENT, SUBHADRA KUMAR INTERMEDIATE COLLEGE, BASNI, DISTRICT VARANASI Vs. THE DIRECTOR OF EDUCATION, U.P. ALLAHABAD AND OTHERS

JUDGEMENT

(1.) This writ petition has been filed by the Committee of management of Subhadra Kumar Intermediate College, Basni (hereinafter called as the petitioner) praying that the order dated 19-5-80, passed by the Director of Education (respondent no. 1) and the order dated 16th June, 1980 passed by the District Inspector of Schools (respondent no. 3) be quashed.

(2.) The facts giving rise to this case, which require being mentioned in some detail, are as follows:

(3.) The petition has been opposed on behalf of all the respondents. Sri Sheshdhar Misra, Assistant Supervisor of the office of the District Inspector of Schools has filed counter-affidavit on behalf of the respondents no. I to 3 while Lalji Misra, respondent no. a, has filed a counter-affidavit on his behalf. Very briefly stated, the stand taken by the respondents is that since the order dated 29th Jan., 1980 and the order dated 23rd April, 1980 were passed by the Director of Education and District Inspector of Schools respectively adversely affecting the respondent no 4 without affording him any opportunity of being heard, the aforesaid orders were validly withdrawn by the two authorities. The respondent no. 4 has further taken the stand that the Director of Education did not have the jurisdiction to passed the order dated 29th Jan., 1980 which was invalid and since, the order dated 23rd April, 1980 was passed by the District Inspector of Schools on the basis of the aforesaid order of the Director of Education, it was also invalid. According to respondent no. 4 neither the order of the Director of Education dated 29th Jan., 1980 nor the order of the District Inspector of Schools dated 23rd April, 1980 could carry any effect whatsoever. It is further averred that by passing the order dated 19th May, 1980 and the order dated 17th June, 1980 passed by the Director of Education and the District Inspector of Schools respectively, the mistake committed by them in passing the orders dated 29th Jan., 1980 and 23rd April, 1980 has been rectified, and, hence no interference whatsoever is called for in the instant case.