COMMITTEE OF MANAGEMENT Vs. DISTRICT INSPECTOR OF SCHOOLS

JUDGEMENT

(1.) Committee of Management Shyam Sundar Badri Prasad Kanya Inter College, Babhnan, Basti and its Manager Amar Chandra have preferred this Writ Petition under Article 226 of the Constitution to seek issuance of a writ of certiorari for quashing the order passed by the District Inspector of Schools dated 21.8.2008 whereby the District Inspector of Schools has refused to approve the suspension order of respondent No. 3. A brief reference to factual aspect would suffice; The Shyam Sundar Badri Prasad Kanya Inter College, Babhnan (hereinafter referred to as the 'Institution') is recognised by the High School and Intermediate Education Board. The education is imparted upto the level of Intermediate. It does not receive any grant in aid. The provisions of U.P. Intermediate Education Act, 1921 and regulations framed thereunder are applicable to the institution. The affairs of the institution are managed by the Committee of Management, respondent No. 2 is its Manager.

(2.) The respondent No. 3 is the Principal of the Institution. It is stated that there were serious charges of financial irregularities, lack of integrity and lack of devotion to duties. In addition to those, she lacks essential qualification for the post of Principal. Therefore, for the said reasons, the Committee of Management was not satisfied with the functioning of respondent No. 3. It placed her under suspension by the order dated 6.6.2008. The papers were sent to title District Inspector of Schools for his approval in terms of Section 16G(7) of the U.P. Intermediate Education Act, 1921. The said proposal has been rejected by the impugned order by District Inspector of Schools.

(3.) I have heard Sri Indra Raj Singh, learned counsel for the petitioner, Sri D.K. Srivastava, learned counsel for respondent No. 3 and learned standing counsel for respondent Nos. 1 and 2.