Dilip Gupta, J. - (1.) The petitioners have sought the quashing of the order dated 6th March, 2010 passed by the Joint Director of Education by which anAuthorized Controller has been appointed under Section 6(3) of the U.P. Junior High School (Payment of Salary of Teachers & Other Employees) Act, 1978 (hereinafter referred to as the 'Act').
(2.) The records of the writ petition indicate that by the letter dated 3rd June, 2009, the District Basic Education Officer, Meerut made a recommendation to the Joint Director of Education for appointment of an Authorized Controller under Section 6(3) of the Act to manage the affairs of the two Institutions. The Joint Director of Education then issued a show-cause notice dated 26th June, 2009 to the petitioners to submit a reply on the four charges mentioned in the letter. The petitioners submitted a reply on 9th July, 2009 denying all the four charges. The Joint Director of Education then forwarded the same to the Assistant Director of Education (Basic) on 21 st July, 2009 to conduct an inquiry into the matter and to submit a report. The Assistant Director of Education (Basic) sent two communications dated 2nd March, 2010 and 5th March, 2010 to the Joint Director of Education. By the former communication the Assistant Director of Education (Basic) pointed out that the power to appoint the Authorized Controller is with the Joint Director of Education but by the latter letter the Assistant Director of Education (Basic) pointed out that earlier the District Basic Education Officer, Meerut had made recommendation on 3rd June, 2009 for appointment of an Authorized Controller and he was also reiterating the said recommendation. On the basis of the communications received from the Assistant Director of Education (Basic), the Joint Director of Education, Meerut Region Meerut passed the order dated 6th March, 2010 for appointment of an Authorized Controller under Section 6(3) of the Act.
(3.) It is the contention of Sri G.K. Singh, learned counsel appearing for the petitioners that the order dated 6th March, 2010 deserves to be set aside as it does not contain reasons for appointing the Authorized Controller and in support of his contention, he has placed reliance upon the decision of this Court in Committee of Management, Sahid Sansmaran Inter College, Sherpur and another v. Deputy Director of Education, Varanasi and another, 1993 ALJ 318.;