COMMITTEE OF MANAGEMENT GANDHI SMARAK UCHCHTAR MADHYAMIK VIDYALAYA AND OTHERS Vs. DEPUTY DIRECTOR OF EDUCATION AND OTHERS

JUDGEMENT

(1.) The petitioners in this writ petition have challenged the order of the District Inspector of Schools, Azamgarh, dated 25-10-1987 by which the signatures of Surya Prasad Singh have been attested and order of single operation, dated 6-2-1986 has been cancelled.

(2.) The brief facts for the purposes of deciding the present petition are that Gandhi Smarak Uchchtar Madhyamik Vidhyalaya, Mobarakpur district Azamgarh, admittedly was being run originally by a registered society known as Gandhi Viddya Sabha Mobarakpur, district Azamgarh. In the year, 19 /8 admittedly an authorised controller was appointed to manage the affairs of the institution. It is only after the appointment of the authorised controller that two societies have been registered, who claim to be entitled to manage the affairs of the institution. The District Inspector of Schools, Azamgarh, in respect of the institution and also passed an order under the Payment of Salaries Act for single operation of the account. Two writ petitions were filed by the two rival Managing Committees challenging the aforesaid order passed by the District Inspector of Schools. Writ petition which had been filed by the respondent No. 3 has been finally decided by this Court and it has been held that the term of the authorised controller has come to an end because the maximum period of five years, for which the authorised controller could be appointed, had also come to an end. In the writ petition, which had been filed by the petitioners, an interim order was granted in his favour restraining the respondents from interfering in the right of the petitioners to manage the institution. After final decision of the writ petition filed by the respondent No. 3 the interim order passed in the writ petition filed by the petitioner had been vacated. It is after these orders which had been passed by this Court that the impugned order has been passed by the District Inspector of schools withdrawing his earlier order of single operation of account under the Payment of Salaries Act and also attesting the signatures of respondent No. 3 as Manager of the institution.

(3.) It may be mentioned here that at the admission stage the contesting respondents were served with the notices and the parties have exchanged affidavits and the writ petition is thus finally disposed of in accordance with the rules of the court.