- (1.) Heard learned counsel for the parties and perused the record.
(2.) The present writ petition has been filed assailing the legality and validity of the order dated 19.12.2012 passed by the respondent no.1, Secretary, Higher Education, Government of U.P., Lucknow and consequential order dated 27.12.2012 whereby District Inspector of Schools, Maharajganj, appointed District Magistrate, Maharajganj as Authorised Controller of the College without giving any opportunity of hearing to the petitioner.
(3.) Learned counsel for the petitioner submitted that there is a society registered under the Societies Registration Act, 1860 under the name and style of Jawahar Lal Memorial Society, which runs and manages a Post Graduate College under the name of Jawahar Lal Nehru Smarak Post Graduate College at city and district Maharajganj, which is affiliated to the Deen Dayal Upadhyaya, Gorakhpur University, Gorakhpur. Hence the institution is governed by the provisions of U.P. State Universities Act, 1973 and the Statutes of the University framed thereunder. The society was renewed on 10.10.2010 for a period of five years under the Societies Registration Act, 1860. The said college was running various classes of B.A., M.A., B.Ed and other degree courses. The petitioner no.2, Dr. Balram Bhatt is a founder manager of the society. There was no dispute in the committee of management and he was elected as Manager of the college in the election held in 2005 and 2010. When Mr. Indra Mitra Shastri, on whose behalf the caveat was filed in the writ petition, was working as officiating Principal misappropriated college funds amounting to Rs.85 lackhs and misused the funds of the college during his tenure regarding which serious objection was raised by the audit team. The various financial illegalities and irregularities were found hence committee of management took serious view and started proceeding against him due to that he was annoyed and felt inferiority. He put undue pressure to stop the disciplinary proceeding and recovery proceeding initiated against him. He levelled false allegation and filed complaint against the petitioners on 17.3.2005 in respect of appointment of certain teachers in the college. The fist information report was lodged against him at case crime no.6092 of 1997, under Section 420, 467, 471, 474, 477-A IPC, Police Station Kotwali, district Maharajganj in which charge-sheet was submitted against him. In that case he manipulated the record to get his son declared pass in the examination in the year 1991. Further he filed a writ petition no.30261 of 2011, challenging the appointments, which was dismissed on 24.5.2011 since he has no locus standi to challenge the appointments of teachers. The complaint filed by him was without any supporting, effective and reliable documents. However, on that complaint the cognizance was taken by the authorities concerned and Sri Vijay Shanker Srivastava, Principal, Govt. P.G. College, Chunar, Mirzapur, was appointed as Inquiry Officer by order dated 24.8.2006 and the detail report was submitted by him on 19.12.2006. It was mentioned in the report itself that Indra Mitra Shastri himself admitted that he was not a member of the selection committee, which selection committee appointed those teachers in the year 1991 hence he was going to challenge the above appointment for life long. This was due to reason that disciplinary proceeding and recovery proceeding were initiated against him. Subsequently, on the charges the Authorized Controller was appointed by the Director of Education. When salary of those teachers was not paid against whose appointment complaint was made by Indra Mitra Shastri, they filed writ petition before this Court. The writ petitions no.29474 of 1999 was filed by Sri Triyogi Nath, 31618 of 1998 was filed by Dr. Reena Singh, 29475 of 1999 was filed by Mr. Prabhaker Dubey, 29476 of 1999 was filed by Sri Abhimanyu Singh and 29473 of 1999 was filed by Sri Krishnand Dubey for payment of salaries and by a common order dated 20.7.1999 the authorities, concerned were directed to pass appropriate order for payment of salaries to those teachers. The writ petition of Dr. Reen Singh was disposed off on 11.8.1999 with the direction to decide the representation of petitioner for regularisation on the post on which she was working and further direction was that she would be permitted to work in the college and be paid her salary along with all other benefits. The order dated 20.7.1999 was not complied with then contempt petition was filed in which notices were issued. Thereafter, in compliance of aforesaid order the D.I.O.S., Maharajganj passed the order on 20.3.2001 for making payment of salary to those teachers, in pursuance of the order of the High Court. Those teachers were appointed in accordance with procedure after recommendation of their name by the selection committee and their names were approved by the University. The salary was being paid in compliance of order passed by this Court. The Director of Higher Education submitted his report on 9.5.2011 in furtherance of the inquiry report dated 19.12.2006. It was mentioned in para 2 of the report that the matter was heard on 5.12.2010 by the University and since the dispute regarding the appointments were pending before the High Court hence no action could be taken into the matter.;