- (1.) The facts, according to the learned counsel for the appellant-petitioner, are that the Basic School known as Primary Pathshala Wazidpur-2 was established in the year 1964 by the U.P. Board of Basic Education and the administrative control of the said Basic School was with the Gram Panchayat, Village Wazidpur i.e. the appellant. After the insertion of Section 9A in the U.P. Basic Education Act, 1972 (hereinafter referred to as the 'Act'), which came into effect from 21.6.1999, the respondent no. 5, who is Gram Pradhan of Gram Panchayat of village Murli Chhapra, filed an application before the District Basic Education Officer on 10.4.2013 stating that in pursuance of Section 9A of the Act, the administrative control of Primary Pathshala, Wazidpur-2 be handed over to the Gram Panchayat, Murli Chhapra on the ground that location of the institution was within the territorial limits of Gram Panchayat, Murli Chhapra.
(2.) On such application, a report was called for from the Sub Divisional Magistrate, which was submitted on 7.6.2013, whereby it was stated that location of Basic School in question was within the territorial limits of village Murli Chhapra. In pursuance thereof, on 20.6.2013 the District Basic Education Officer passed an order to the effect that since the Basic School in question falls within the territorial limits of village Murli Chhapra, the administrative control of the school be handed over to the Gram Panchayat, Murli Chhapra. Based on another communication dated 29.6.2013 issued by the Sub Divisional Magistrate to the effect that since the name of the Basic School as Primary Pathshala, Wazidpur-2 had not been changed, hence the administrative control should continue with the Gram Panchayat, Wazidpur, the District Basic Education Officer vide his order dated 8.7.2013 recalled the earlier order dated 20.6.2013
(3.) The said orders were challenged by the respondent no. 5 in writ petition no. 45454 of 2013, which was dismissed by the learned Single Judge on 2.9.2013 with the direction that the petitioners may file a representation before the District Magistrate, Ballia, who shall, after affording opportunity to the parties concerned, determine the factual dispute. It was further directed that the orders, which were impugned in the petition i.e. orders dated 29.6.2013 passed by the Sub Divisional Magistrate and 8.7.2013 passed by the District Basic Education Officer, would abide by the order passed by the District Magistrate, Ballia.;