COMMITTEE OF MANAGEMENT BABA HARNARAYAN DAS VIDYALAYA BAMBHIYAPUR BILLORE DISTRICT KANPUR NAGAR Vs. STATE OF U P

JUDGEMENT

(1.) SRI Anil Kumar, claiming himself to be the Manager of Committee of Management, Baba Harnarayan Das Vidyalaya, Bambhiyapur, Billore, District Kanpur Nagar, has filed present writ petition, questioning the validity of decision dated 28.03.2009 taken by the District Basic Education Officer/Authorised Controller of Baba Harnarayan Das Vidyalaya, Bambhiyapur, Billore, District Kanpur Nagar. Undisputed position which emerges in the present case is that the Committee of Management of the institution was superseded and Authorised Controller had been appointed and looking after the affairs of the institution. The Authorised Controller on 05.07.2008 proceeded to pass order placing respondent No.6 under suspension. Thereafter on 13.02.2009 Deputy Basic Education Officer was appointed as Inquiry Officer, who submitted report on 25.03.2009, and then decision was taken to reinstate back respondent No. 6, Kailash Chandra Katiyar, in service on the post of Head Master. At this juncture, present writ petition has been filed. Undisputed position is that the Committee of Management of the institution has been superseded and it is Authorised controller, who has been looking after the affairs of the institution. Once Committee of Management is not in existence, then Anil Kumar has got no authority to file present writ petition, claim himself to be the Manager of the Committee of Management of the institution and question the validity of order dated 28.03.2009. Superseded Committee of Management has got no right to question the validity of decision taken by Authorised Controller, specially when the Authorised Controller has stepped in the shoes of the Committee of Management and discharging all its functions. In the present case, it was Authorised Controller, who had passed the order of suspension, and thereafter Inquiry Officer submitted report and based on the same order of suspension has been revoked and respondent No.6 has been reinstated back on the post of Head Master. Superseded Committee of Management, by no stretch of imagination, has got any locus to challenge the validity of decision taken by the Authorised Controller. Consequently, writ petition lacks substance and the same is dismissed as not maintainable.