SUKHDA SIKSHA MANDIR GIRLS INTERMEDIATE COLLEGE, BRINDABAN, MATURA AND ANR. Vs. DISTRICT INSPECTOR OF SCHOOLS, MATHURA AND ANR.

JUDGEMENT

(1.) The two petitioners are Sukhda Shiksha Mandir Girls Intermediate College and Sri Ram Deo Gautam, its Manager. The aforesaid College is a recognised institution. According to the petitioners, Smt. Prabha Sharma was the Principal of the College and on certain serious charges she was suspended. It was asserted that the Principal, Smt. Prabha Sharma, was friendly with one Smt. Sarla Chauhan, the Joint Director of Education, Allahabad and at the instance of the Joint Director of Education who wanted the petitioners not to proceed with the enquiry against Smt. Prabba Sharma and in order to bring pressure on the petitioners the District Inspector of Schools, Mathura passed an order dated 13-1-1975 (Annexure 1 to the writ petition) whereby he ordered under Sec. 5 (1) of the U.P. High School and Intermediate College (Payment of Salaries of Teachers and other Employees) Act, 1971 (U.P. Act No. XXIV of 1971) that the account shall be operated by him.

(2.) It is against that order the writ petition has been filed.

(3.) This writ petition way filed in the Court of 3-3-1975 and on that date the Standing Counsel was given one month to seek instructions and file a counter-affidavit. No counter-affidavit was filed and the writ petition was admitted on 27-8-1975. To this date no counter-affidavit has been filed. In the circumstances, the petitioners assertain that the action was mala fide has gone uncontroverted. The further assertion of the petitioners that there was never any difficulty in the disbursement of the salary of the employees has also gone uncontroverted. An order under Sec. 5 (1) of the Act can only be made where difficulty arises in payment of salary of the teachers and employees due to any default of the management. Since there was no assertion that there was any default in payment of salary of the employees on behalf of the management, the order cannot stand.