JUDGEMENT
Dilip Gupta, J. -
(1.) The petitioners have sought the quashing of the
order dated 21st January, 2010 passed by the Joint Director of Education,
Azamgarh Region Azamgarh to the extent it provides that the salary bills of the
teaching and non-teaching staff of the Institution shall be submitted only under
the signatures of the Principal of the Institution.
(2.) It transpires that respondent No. 5-Phool Chand Singh, had earlier filed
Writ Petition No. 306 of 2010 for quashing the order dated 24th April, 2009 passed
by the District Inspector of Schools recognizing the Committee of Management
with Brij Mohan Rai as the Manager. This petition was disposed of by the judgment
and order dated 7th January, 2010 and the observations are as follows:
"I have carefully considered the submissions advanced by learned counsel
for the parties.
The District Inspector of Schools has recognized the respondent-
Committee of Management by the order dated 22nd April, 2009. It is the case
of the petitioners that they had also held election which has not been taken
into consideration by the District Inspector of Schools. The petitioners have
represented their matter to the Joint Director of Education who is the Chairman
of the Regional Level Committee. The contention of the respondent-Committee
of Management is that the Regional Level Committee doe$ not have the
jurisdiction. This objection can also be examined by the Regional Level
Committee as also other objections.
The writ petition is, accordingly, disposed of with a direction to the Regional
Committee to decide the matter expeditiously after according adequate
opportunity to the petitioners as also the respondent-Committee of
Management and it shall be open to the respondent-Committee of Management
to raise all the objections before the Regional Committee including the
objection that the Regional Committee does not have the jurisdiction to decide
the matter.
It is made clear that this Court has not adjudicated upon the merits of the
case, which shall be considered by the Regional Committee in accordance
with law."
(3.) It is pursuant to the aforesaid judgment and order that notice dated 21st
January, 2010 has been issued by the Joint Director of Education asking the
parties to appear before him on 5th February, 2010 at 2.00 p.m. However, he has
further ordered that till the dispute is decided, the salary bills of the teachers and
non-teaching staff of the Institution shall be submitted under the signatures of the
Principal of the Institution.;
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