Sudhir Narain Agarwal, J. - (1.) THIS writ petition is directed against order dated 4th December, 1992 passed by the Joint Director of Education whereby he directed to operate the account singly by the District Inspector of Schools, Fatehpur. Sadanand Shiksha Samiti, Chheolaha, Fatehpur was registered under the Societies Registration Act, 1860. The society established a degree college in village Chheolaha in the district of Fatehpur known as Sadanand Degree College, Chheolaha, Fatehpur (hereinafter referred to as the college). The college is affiliated to Kanpur University. The Committee of Management of the college is entitled to function on the recognition being granted by the Vice -Chancellor of Kanpur University.
(2.) THERE were two rival claimants of the Committee of Management and they put forward their claim before the Vice -chancellor. The Vice -Chancellor did not recognise any Committee of Management. The Joint Director of Education passed an order on 4.12.1992 directing that since no Committee of Management has been recognised by the Vice -Chancellor of Kanpur University hence difficulties arose in payment of salary to the employees and teachers of the college and therefore in exercise of powers given to him under section 60 -D of the State Universities Act the account should be operated singly by the District Inspector of Schools. The petitioners have challenged this order. Learned counsel for the petitioners submitted that under the second proviso to section 60 -D of the State Universities Act (hereinafter referred to as the Act) it is only the Deputy Director of Education of the region who can pass an order under sub -section (1) of Section 60 -D of the Act. It was contended that the Joint Director of Education may be higher authority than the Deputy Director of Education but the order can be passed by such authority who has been entrusted to exercise powers under the said section. He placed reliance upon the decision in Rama Kant Gupta and others v. State of U.P. through Secretary Revenue Department and others 1988 Selected Court Decisions 411, wherein it was held that the order of termination can be passed by an appointing authority and not by an officer who may be higher in rank to the appointing authority.
(3.) DEPUTY Director has been defined under Section 60 -A of the Act as follows: - - Deputy Director means the Regional Deputy Director of Education and includes any other officer authorised by the State Government to perform all or any of the functions of the Deputy Director under this chapter.;