- (1.) The petitioners have filed the instant writ petition questioning the validity of an order dated 3.10.2015 passed by District Inspector of Schools, Kanpur Nagar, the second respondent refusing to attest the signatures of petitioner no.2 as Manager of the Committee of Management of Bilhaur Inter College, Bilhaur, Kanpur Nagar. The elections of the Committee of Management dated 11.12.2011 have been discarded and Principal, Rajkiya Inter College, Khersa Bidhnu, Kanpur Nagar has been appointed as Election Officer and Associate District Inspector of Schools, Kanpur Nagar as observer for holding and conducting the elections of the Committee of Management.
(2.) It is claimed by the petitioners that last elections of the Committee of Management of the institution were held on 26.12.2006 and which was approved by the Regional Level Committee on 4.6.2007. In the said elections, the petitioner no.2 was elected as Manager and his signatures were attested on 14.6.2007. The terms of the Committee of Management under the Scheme of Administration being five years was to expire on 25.12.2011. Consequently, fresh elections were held on 11.12.2011, in which petitioner no.2 was re-elected as Manager. The election papers alongwith specimen signatures of petitioner no.2 were submitted by the President of the Committee of Management before the second respondent alongwith covering letter dated 2.2.2012. However, no orders were passed by the District Inspector of Schools and the request for attestation of signatures remained pending. On the other hand, the second respondent on 6.3.2012 made a recommendation to the Joint Director of Education for appointment of an authorised controller in the institution in order to ensure passing of an order of promotion in relation to one Sri Sushil Kumar Tripathi, a lecturer in Sociology, as the Management was refusing to grant promotion to him on various grounds. On 2.4.2012, the Joint Director of Education appointed Associate District Inspector of Schools as authorised controller in exercise of power under Section 6 of the U.P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971(Salaries Act). Aggrieved by the said order, the petitioners preferred an appeal before Director of Education under Section 7 of the Salaries Act. It was allowed by order dated 11.6.2012 and the order of appointment of authorised controller was set aside.
(3.) The case of the petitioners is that as consequence thereof, the authorised controller restored the charge of the Management to the petitioners. It is asserted in paragraphs 15 and 16 of the writ petition that petitioner no.2 again started operating accounts of the institution and the salary bill submitted under his signatures were duly passed by the authorities. It has further been asserted that even grant-in-aid was duly released every month on the basis of documents submitted by the second petitioner.;