COMMITTEE OF MANAGEMENT Vs. STATE OF U P

JUDGEMENT

(1.) VINEET Saran, J. Heard learned Counsel for the petitioners as well as learned Standing Counsel appearing for the respondents. Sri Ashok Singh, Advocate, who has filed caveat on behalf of the rival Committee of Management, has also been heard. The dispute in the present writ petition is with regard to appointment of an Authorized Controller to manage the affairs of the institution in question. By an order dated 25-8-2003 passed by the State Government, the District Inspector of Schools was appointed as Authorized Controller. The said order was challenged by the petitioners herein in Writ Petition No. 41890 of 2003 which was dismissed by this Court vide judgment and order dated 23- 2-2004. The Special Appeal No. 262 of 2004 filed against the said order has been admitted in which a limited interim order has been granted to the extent that the Authorized Controller may proceed with the selection of the Committee of Management but no final selection shall be made until further orders. The said special appeal is still pending.

(2.) BY an order dated 27th September, 2005 the State Government has modified the earlier order dated 25-8-2003 to the extent that instead of the District Inspector of Schools, the District Magistrate, Basti would be the Authorized Controller of the institution. BY a subsequent order dated 7-10-2005 passed by the District Magistrate, after taking over charge as Authorized Controller, he has authorized Sri U. N. Thakur, Additional District Magistrate (Finance and Revenue), Basti for the purpose of payment of salary etc. of the staff and employees of the institution. Aggrieved by the aforesaid orders dated 27-9-2005 and 7-10-2005 the petitioners have filed this writ petition.

(3.) SRI Ashok Singh, learned Counsel for the caveator has submitted that the petitioners and the District Inspector of Schools were in hand in gloves and despite the interim order granted in the Special Appeal No. 262 of 2004 restraining the Authorized Controller to recognize any selection of the Committee of Management, the District Inspector of Schools had actually recognized the petitioners and thus they are interested in continuance of the District Inspector of Schools as Authorized Controller.