COMMITTEE OF MANAGEMENT, GANDHI UCHCHTAR MADHYAMIK VIDYALAYA, MUBARAKPUR, DISTRICT AZAMGARH AND ANOTHER Vs. DEPUTY DIRECTOR OF EDUCATION, VII REGION, GORAKHPUR AND OTHERS

JUDGEMENT

(1.) By means of this petition tho petitioners have prayed for a writ of mandamus directing the respondents to hand over charge of the management of the institution Gandhi Uchchtar Madhyamik Vidyalaya, to the petitioner Committee of Management with Surya Prasad Singh as its manager. The contention of the learned counsel for me petitioners is that under Sec. 6(3) of the U.P. High School and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 19/1, the term of an authorised controller appointed under that provision cannot extend beyond five years in any case. It is urged that in the present case the Deputy Director of Education, VII Region, Gorakhpur, had appointed an authorised controller in respect of the institution in question as far back as Dec. 14, 1978. Consequently in terms of Sec. 6 (3) of the said Act, the order appointing the authorised controller passed by the Deputy Director of Education must be deemed to have lapsed with the passage of time. A counter affidavit has been filed on behalf of the respondents in which an attempt has been made to show that the reason for the authorised controller continuing for all this while was that the management itself was not co-operating. It is unnecessary to go into the question as to who was responsible for the delay in the authorised controller handing back charge to the management as, in our opinion, the contention is entitled to succeed on plain terms of Sec. 6 (3) of the aforesaid Act which provides that the Regional Deputy Director of Education may, where he considers it necessary or expedient so to do, extend the said period from time to time, so, however, that the period so extended does not exceed five years in the aggregate. It is not disputed that in the present case the authorised controller was appointed by the Regional Deputy Director of Education under Sec. 6 (3) of the said Act. That being so, it is apparent that the term of appointment of the authorised controller has lapsed and came to a end with the expiry of five years from the date on which the appointment was made.

(2.) In the result, the petition succeeds and is allowed. The authorised controller will now hand over the management of the institution to such committee as may be recognized as being in effective control at present of the management of the institution in accordance with law. It is, however, made clear that it will be open to the respondents to take such order and further action in regard to the institution as may be warranted in law. Petition allowed.