R.A. Sharma, J. - (1.) PETITIONERS claiming to be Committee of Management of Jai Hind Inter College, Teji Bazar, Jaunpur and its manager, have filed this writ petition against an order dated 13 -8 -1992 (Annexure 8 to the writ petition) passed by the District Inspector of Schools, Jaunpur (here -in -after referred to as the D I.O.S.), ordering for single operation of the college account in view of the dispute between the two rival committees of management and consequential reference under Section 16 -A (7) of Intermediate Education Act (here -in -after referred to as the Act).
(2.) WHEN there is dispute between the two rival committees of management, it is not open to the D.I.O.S. to attest the signature of the manager of any of the rival fractions. The only course open to him, in these circumstances, is to make a reference to the Deputy Director of Education under Section 16 -A (7) of the Act for adjudication. Thereafter it is for the Deputy Director of Education, in case he finds it necessary, to make interim arrangement for management and running of the educational institution. A Division Bench of this Court in the case of Committee of Management v. District Inspector of Schools, 1985 ALJ 27, has laid down that during the pendency of dispute before him the Deputy Director of Education has power to make interim arrangement. Relevant extract from the said judgment is reproduced below : We are unable to accept that the Deputy Director of Education has no power to make an interim arrangement for management of the institution. We are of the opinion that when the Deputy Director is seized of the dispute about the validity of the two rival managements, he is also empowered to pass interim orders regarding the management of the institution. A tribunal which has power to decide a dispute finally has, inherent powers to pass such orders as it deems fit and proper for the proper management of the institution during the pendency of the dispute. The object of the U.P. High School and Intermediate College (Payment of Salaries of Teachers and other employees) Act, 1971 is to ensure prompt payment of monthly salary to the teachers and the employees of educational institutions. When there is a dispute about the management of the institution, it will not be possible for the D I.O.S. to attest the signature of manager of one faction. Under these circumstances, it becomes the duty of the D.I.O.S. to direct for single operation of the college account. A Division Bench of this Court in Committee of Management v. District Inspector of Schools, : 1990 (1) UP LB EC 339, has laid down that if a dispute has arisen with regard to the management of the institution, the D.I.O.S. is fully justified to order for single operation of the account.
(3.) SRI Ashok Khare, who has filed caveat on behalf of Shyam Raj Singh, has put in appearance. Although Shyam Raj Singh has not been impleaded in this writ petition, but I have heard Sri Ashok Khare, who has produced before me an order dated 1 -8 -1990, passed by the Deputy Director of Education, directing the D.I.O.S. to have single operation of the college account. It appears that the impugned order has been passed in pursuance of the above order of the Deputy Director of Education. Even if there is no order of the Deputy Director of Education, the D.I.O.S. himself is competent under the proviso (i) to sub -section (1) of section 5 of the Payment of Salaries Act to pass an order for single operation of the college account in view of the facts and circumstances of this case.;