Hon'ble A.P.Sahi, J. - (1.) HEARD Sri Anil Bhushan learned counsel for the petitioner and the learned standing counsel for the respondent Nos.1,2 and 3.
(2.) IN view of the nature of the order that is proposed to be passed it is not necessary to issue any notice to the respondent No. 4 at this stage. Needless to mention that the petitioner had earlier filed Writ Petition No. 10093 of 2011 which was dismissed as withdrawn with liberty to file a fresh writ petition keeping in view the order dated 8.7.2008 and this writ petition has been filed assailing the said order dated 8.7.2008. The present writ petition assails the order dated 28.1.2011 whereby Committee of Management has been superseded in exercise of powers under Section 6(3) of the Payment of Salary Act under U.P.Act No. 24 of 1971 on the ground that the Committee which had been validly elected in Jan.,2006 had not been recognised and an Oder has been passed on 8.7.2008 refusing to grant recognition. Accordingly the said Committee has no right to continue. The period of the Committee of Management according to the approved Scheme of Administration is three years which has already expired, therefore an Authorised Controller has to be appointed to hold fresh elections.
(3.) ACCORDINGLY the complaint of the respondent No. 4 has been accepted and a direction has been issued to the District Inspector of Schools , Gorakhpur to act as Prabandh Sanchalak with a further direction to hold the elections in terms of the Government order dated 21.11.2008. Sri Anil Bhushan learned counsel for the petitioner contends that the impugned order is in violation of principles of natural justice inasmuch as according to the impugned order itself the petitioner had not responded to the aforesaid claim. Learned counsel for the petitioner further submits that as a matter of fact no notice was ever served upon the petitioner therefore the impugned order deserves to be set aside on this ground alone. The second submission of Shri Bhushan is that the order has been passed in exercise of powers under U.P.Act No. 24 of 1971 which is totally unconnected with the ingredients that are available in the aforesaid Act for the purpose of superseding the Committee of Management. Sri Bhushan relies on the judgment in the case of Committee of Management, Shahid Sansmaran Inter College, Sherpur and another v. Deputy Director of Education Varanasi and another, 1993 ALJ 318.;