COMMITTEE OF MANAGEMENT MANOKARAN KANYA JUNIOR HIGH SCHOOL SHAHJAHANPUR Vs. DISTRICT BASIC EDUCATION OFFICER SHAHJAHANPUR

JUDGEMENT

(1.) In this writ petition under Article 226 of the Constitution of India, the order dated 11.2.1998 passed by Vitta Evam Lekhadhikari. Basic Shiksha, Shahjahanpur, respondent No. 3. Annexure-4 to the writ petition, under Section 5 of the U. P. Junior High School (Payment of Salaries of Teachers and other Employees) Act, 1978 (hereinafter referred to as the Act of 1978) whereby the account of the institution is to be operated singly instead of jointly, has been challenged primarily on the grounds that the respondent No. 3 had no authority or jurisdiction to pass the safd order ; that no opportunity of hearing or to show cause was given to the petitioners before passing of the said order and that this Court has set aside a similar order in earlier Writ Petition No. 19949 of 1995. which was decided on 27.10.1997.

(2.) A counter-affidavit has been filed by the respondent No. 3-Vitta Evam Lekhadhikari Basic Shiksha. Shahjahanpur to which a rejoinder-affidavit has also been filed. With the consent of learned counsel for the parties, this writ petition is being finally decided.

(3.) Heard Sri S. K. Mehrotra learned counsel for the petitioners and Sri Subodh Kumar. learned counsel for the respondent No. 3. at considerable length.