COMMITTEE OF MANAGEMENT, BABA RAGHUBAR DAS UCHCHATAR MADHYAMIK VIDYALAYA, JAMILPUR, AZAMGARH AND ANOTHER Vs. DEPUTY DIRECTOR OF EDUCATION, VIITH REGION, GORAKHPUR AND OTHERS

JUDGEMENT

(1.) This writ petition is directed against an order dated 31-7-1981 passed by the Deputy Director of Education cancelling the order of appointment of authorised controller over Baba Raghubar Das Uchchatar Madhyamik Vidyalaya,

(2.) We are not satisfied that, there can be any valid grievance against the cancellation of She appointment of an authorised controller. The learned counsel then invited our attention to the application made by the petitioner No. 2 Uma Shanker Singh for being put in possession of the management of the institution. The Deputy Director of Education did not pass any specific order on this application while considering whether the authorised controller should continue or not. It was not incumbent on the Deputy Director of Education to decide as to which claimant is entitled to be put in the management of institution. The Deputy Director of Education hence cannot be characterised as having defaulted in performing any statutory duty. We are hence not satisfied that there is any merit in this petition.

(3.) Learned counsel stated that the dispute with regard to the election of the committee of management is pending disposal before the Deputy Director of Education under sub-section (7) of Sec. 16-A of the U.P. Intermediate Education Act. If that is so, there is no necessity to decide the merits of that point in this writ petition.