GULAB DHAR PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) THIS is an appeal against the order dated 8.12.2008 passed by the learned Single Judge in Writ Petition No. 63078 of 2008, Rajeshwar Prasad Singh and others v. state of U.P. and others.

(2.) BRIEF facts of the case giving rise to the present appeal are that there is a college, named, as Sri Gandhi Vidyalaya Intermediate College, Kachhwa, District Mirzapur (hereinafter referred to as "institution") a recognized Intermediate College and is under grant-in-aid. The provisions of U.P. Intermediate Education Act (hereinafter referred to as "Act") and Payment of Salaries Act, 1971 are applicable. The institution was established by a registered Society known as Sri Gandhi Vidyalaya Higher Secondary School, Kachhwa, Mirzapur (hereinafter referred to as "Society"). The Society has its own registered bye laws and the institution has its approved Scheme of Administration approved by the Deputy Director of Education, Varanasi Region, Varanasi. It appears that the Scheme of Administration was amended by the Deputy Director of Education, 5th Region, Varanasi w.e.f. January, 1985. It appears that on account of certain irregularities being found in the institution, State Government passed an order under Section 16-D of the Act, appointing an Authorized Controller in the institution in the year 1981 and since then, the Authorized Controller is continuing in the institution and no election on the basis of Scheme of Administration with valid members could be held for such a long time.

(3.) CHALLENGING the aforesaid order, present appeal has been preferred.