COMMITTEE OF MANAGEMENT OF MISRI LAL INTER COLLEGE MAWANYAN Vs. JOINT DIRECTOR OF EDUCATION BINDHYACHAL MANDAL

JUDGEMENT

(1.) Through this petition, committee of Management said to be represented by one Raj dhar Dubey, Petitioner alleges that there is an institution called Misri lal Inter college. Mawanyan, Mirzapur, which is being governed by the provisions of U.P. Intermediate Education Act, regulation framed thereunder, (for short called the Act) and duly approved scheme of Administration. Copy of Scheme of Administration has been filed as Annexure no. 1 to the petition. Petitioner alleged that an election for constituting Committee of Management of the institution took place on 25.8.1996 but Respondent no. 3, (one Ram singh ) raised dispute and matter was referred to the Deputy Director of Education as contemplated under Section 16(A) 7 of the Act. It is further stated that some dates were fixed by the said authority but matter was not decided. Ultimately petitioner filed a representation before concerned authority to decide representation. The concerned authority pointed out that Respondent no. 3 through out absented and did not appear on any fixed date in spite of notice. And in that view, petitioner requested the authority should decide the matter on merit without waiting for his appearance.

(2.) It is alleged in the petition that petitioner was forced to file writ petition no. 21773 of 1999 and learned Single Judge of this Court vide judgement and order dated 25.5.1999 directed the concerned authority (respondent no. 1) to decide the matter within six months from the date of production of a certified copy of this order (Annexure 6 to the petition).

(3.) Respondent No.1 has decided the dispute under Section 16 (A)7 of the Act vide order dated August 10,1999. At the out set I would like to mention that authority has not tendered explanation whatsoever for not passing order within time granted by this Court vide judgement and order dated 25.5.1999. there is nothing on record for perusal of this Court at this stage as to why the authority did not comply with the order of this High Court . It is expected that an authority while deciding the matter shall also tender explanation for consideration of the court or of higher authority showing a justifiable cause for not complying with the direction of the High Court . This is the least that an authority is expected to do. As otherwise , 'concerned authority ' should approach High Court for seeking extension of time by giving facts justifying extension of time.