COMMITTEE OF MANAGEMENT SUBHASH SMARAK INTER COLLEGE, TEHSIL-TANDA, RAMPUR AND ANOTHER Vs. STATE OF U P AND 4 OTHERS

JUDGEMENT

(1.) The order impugned dated 5.05.2018 passed by the District Inspector of Schools, Rampur accords approval to no confidence motion dated 8.01.2018 passed against petitioner no.2, who was Manager of the Committee of Management of Subhash Smarak Inter College, Khandi Khera, Tehsil Tanda, District Rampur, a recognized institution under the U.P. Intermediate Education Act, 1921. The said institution is governed by a duly approved Scheme of Administration, as provided under Section 16-A of the U.P. Intermediate Education Act, 1921 (hereinafter referred to as the 'Act').

(2.) The sole submission of the learned counsel for the petitioners is that under Section 16-A of the Act, there is no enabling provision which empowers the General Body or the Committee of Management to pass a no confidence motion against any office bearer. It is urged that in absence of any such provision under the Act, the Committee of Management or the General Body cannot arrogate such a power to itself.

(3.) In support of the said submission, he has placed reliance on a Division Bench judgment of this Court in Riaz Uddin Vs. State of Uttar Pradesh, (2004) 1 AWC 857 and judgment of the learned Single Judge in Committee of Management, Intermediate College, Pindi, Deoria and another Vs. State of U.P. and Others, (2007) 9 ADJ 340.