Hon'ble Rajes Kumar, J. - (1.) HEARD learned counsel for the petitioners and learned Standing Counsel. By means of the present writ petition, the petitioners are challenging the order dated 21.12.2011 passed by the District Inspector of Schools, Jyotiba Phule Nagar by which he has directed for single operation on the ground that the term of committee of management has expired and the matter relating to the committee of management is pending before the Regional Level Committee and till the approval to the new committee of management is being granted, the outgoing committee has no right to carry on any work relating to the college.
(2.) LEARNED counsel for the petitioners states that the only provision under which the District Inspector of Schools, Jyotiba Phule Nagar can direct for the single operation is Section 3 of the High School and Intermediate Colleges (Payment of Salaries to Teachers and other Staff) Act, 1971 (hereinafter referred to as the "Act") but the condition of Section 3 of the Act was not fulfilled inasmuch as no case has been made out for any default on the part of the management to pay salary of a teacher or other employee of an institution. The contention of the petitioners may be correct. I have perused the scheme of administration, which is Annexure -6 to the writ petition. Clause (8) of the Act provides the term of the committee of management. It says that the term of committee of management is three years and in case if the committee will not hold the election within three years and one month the term of the Samiti automatically stands lapsed and the Joint Director of Education, Moradabad Region, Moradabad will appoint authorised controller who will have all the powers of the managing committee and the authorized controller will either hold the election or in case if there is dispute between the two committees of management then the decision of the Joint Director of Education, Moradabad Region, Moradabad shall be implemented. In the present case, admittedly, the term of the committee of management has expired. Under the term of scheme, the Joint Director of Education, Moradabad Region, Moradabad has to appoint the authorised controller. It is unfortunate that till date the Joint Director of Education, Moradabad Region, Moradabad has not appointed authorized controller.
(3.) IN view of the above, the Joint Director of Education, Moradabad Region, Moradabad is directed to appoint authorized controller within a week and give all the powers of the committee of management to him. He shall carry on all the functions of the manager. After the appointment of the authorized controller, the order of the District Inspector of Schools, Jyotiba Phule Nagar shall cease to operate. The Regional Level Committee is further directed to dispose of the matter at the earliest. With the aforesaid observation, the writ petition stands disposed of.;