COMMITTEE OF MANAGEMENT TOWN INTER COLLEGE MOHAMADABAD Vs. STATE OF U P
LAWS(ALL)-2010-2-114
HIGH COURT OF ALLAHABAD
Decided on February 05,2010

COMMITTEE OF MANAGEMENT, TOWN INTER COLLEGE, MOHAMADABAD Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

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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