SYED YAQEEN AHMAD Vs. BASIC SHIKSHA ADHIKARI

JUDGEMENT

(1.) THE petitioner, Syed Yaqeen Ahmad, is the Head Master at the Darul-Ulum Ahela Sunnat Madarsa Ashrafia Mishbabul Ulum, Mubarakpur, Azamgarh, who, in effect, claims that this Court should Interfere In the order of suspension dated 3 February, 1993, Annexure-4 to the writ petition. THE contention in the writ petition is that during the course of examination duties on 3 February, 1993, the President of the Committee of Management, aforesaid, misbehaved with the petitioner. THE petitioner lodged a complaint with the Basic Shiksha Adhikari, respondent no. 1. THE copy of the complaint is the Annexure-3 to the writ petition. THE order of the suspension continues. On behalf of the petitioner, it Is submitted that the order of the suspension is without jurisdiction and it ought to be stayed.

(2.) THE first question which arises is whether on an order of suspension passed by a private party is amenable to the writ jurisdiction of the Court when a grievance petition or a visitation is available to a State authority and there is yet time for the State authority to interfere in the matter and the petitioner short circuits the procedure.

(3.) THE authority which would control the institution should anything go wrong is the District Inspector of Schools, concerned. Only when this authority, regard being had to the circumstances that the institution receives the grant-in-aid, either acts incorrectly or declines to act at all, in either ease this Court may be approached by a writ petition. If the decision of the authority, inclusive of an alternate remedy, is manifestly erroneous and suffers from an error apparent on the face of the record then a writ of certiorari may be issued for the examination of the decision on whether it is incorrect. On the other hand, if the authority declines to act within the reasonable time, a writ of certiorari will seek the record and a mandamus will require the authority to act in accord with the powers vested in such an authority.