COMMITTEE OF MANAGEMENT OF SHRI NEHRU INTERMEDIATE COLLAGE, ROHI, VARANASI AND ANOTHER Vs. DISTRICT INSPECTOR OF SCHOOLS, VARANASI AND ANOTHER

JUDGEMENT

(1.) This petition is directed against an order passed by the District Inspector of Schools dated 4th Feb., 1988 directing single operation of the salaries account of Shri Nehru Intermediate College, Rohi. Varanasi. The petitioner committee alleges that it was elected on 24th Dec., 1984. Its term was to expire on 23rd Dec., 1987 and under the Scheme of Administration the Committee of Management had to be re-constituted before 23rd Dec., 1988. The petitioner further allege that in accordance with the scheme of Administration they held fresh election on 22nd Jan., 1988. On the basis of their fresh election the petitioners claimed to be the lawfully constituted Committee of Management of the said institution.

(2.) The impugned order has been passed on the ground that a dispute has arisen in respect of the management of the institution and that the same has already been referred for adjudication of the Deputy Director Education under Sec. 16-A(7). The dispute appears to have arisen because two rival groups were claiming to have been validly elected by the constituted Committee of Management. The further ground mentioned in support of the impugned order is that at present there is no recognised Manager of the Institution. Under the circumstance difficulty has arisen for the disbursement of the salary of the teachers and employees as a result of which action under Sec. 5(1) of the U. P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971 has become necessary.

(3.) Learned counsel for the petitioners contends that in view of the fact that Smt. Durga Devi was also the Manager of previous Committee of Management elected in 1984 and the further fact that her signatures had already been attested by the District Inspector of Schools, as result of which salary of the teachers and employees for the month of Dec., 1987 had been disbursed without any problem in pursuance of the bills submitted by her in Jan., 1988 no difficulty can be said to have arisen in regard to the disbursement of the salaries in the future so as to warrant action under Sec. 5(1) of the aforesaid Act.