- (1.) The Committee of Management of B.R.D. Post Graduate College, Deoria and Krishna Murari Mani Tripathi claiming himself to be its Secretary have filed this petition for quashing the order dated 10th February, 2010 issued by the Director of Higher Education, U.P., Allahabad as also the order dated 20th February, 2010 issued by the District Magistrate as the Ex-Officio President of the Committee of Management of the Society. The petitioner-Committee of Management was elected on 9th December, 2007 and the Vice Chancellor of the University recognised the Committee of Management by the order dated 25th August, 2008. On 18th December, 2009 a notice under section 57 of the U.P. State Universities Act, 1973 (hereinafter referred to as the 'Act') was issued by the State Government calling upon the petitioners to submit a reply as to why the Authorised Controller may not take over the Management of the College and its property. However, even though the matter is pending with the State Government, the Director of Higher Education on 10th February, 2010 sent a communication to the President of the Committee of Management of the Society that since notice has been issued by the State Government under section 57 of the Act on 18th December, 2009, the Committee of Management of the Institution should not take any decision or hold any meeting. Pursuant to the said communication, the District Magistrate, who is the Ex-Officio President of the Committee of Management of the Society, passed an order on 20th February, 2010 that the Committee of Management shall not take any decision or hold meetings.
(2.) Sri G.K. Singh, learned Counsel appearing for the petitioners submitted that the directions issued by the Director of Higher Education to the District Magistrate are without jurisdiction and consequently the District Magistrate also could not have passed any order. It is his submission that the State Government under section 58(2) of the Act, while issuing notice under section 57 of the Act, could have suspended the management but such order was not passed by the State Government. It is also his submission that under the provisions of the Act, the Director of Higher Education could not have sent the communication to the District Magistrate, who happens the Ex-Officio President of the Committee of Management, to ensure that the meetings of the Committee of Management are not held.
(3.) Learned Standing Counsel appearing for the respondents and the learned Counsel for the caveators state that it is not necessary to file a counter-affidavit and the petition may be disposed of at this stage. 3. Sri Ashok Khare, learned Senior Counsel assisted by R.C. Dwivedi and Sri A.K. Pandey, who have filed caveat applications, submitted that the Director of Higher Education has only advised the District Magistrate, who in his capacity as Ex-Officio President of the Committee of Management of the Society, has passed the order that no meeting of the Committee of Management of the Institution shall be held. It is also his submission that the writ petition against an order passed by the President of the Committee of Management of the Society is not maintainable.;