S.N.Srivastava, J. - (1.) -This writ petition is directed against the order dated 31.7.2006 passed by Joint Director of Education appointing Prabandh Sanchalak in exercise of power under Section 24 of the Scheme of Administration.
(2.) LEARNED counsel for the petitioner urged that order impugned herein is without jurisdiction as under paragraph 24 of the Scheme of Administration, it is the State of Uttar Pradesh which is competent to pass the appropriate order and in the context of the controversy involved in this petition, the Joint Director of Education is precluded from passing the impugned order. He further urged that under paragraph 24 of the Scheme of Administration, Administrator could be appointed by the State Government and Prabandh Sanchalak could not be appointed. Per contra, Sri Ramendra Asthana, learned counsel appearing on behalf of opposite party No. 5 lent support to the order urging that the order impugned herein was rightly passed in accordance with law. It is further contended that there is nothing on record to show that the powers have not been delegated to the Joint Director of Education. The learned standing counsel also put weight to the arguments of Sri Ramendra Asthana, supporting the order passed by Joint Director of Education. I have carefully considered the arguments made across the bar by the learned counsel for the petitioner and also by the learned counsel for the opposite parties. As agreed by the learned counsel for the parties and considering that pleadings are complete, I feel called to dispense with the requirement of having counter/rejoinder-affidavits and proceed to hear the case on merit.
(3.) ON a close scrutiny of the impugned order, it clearly transpires that the Joint Director of Education referred the matter to the Regional Committee in exercise of Powers under paragraph 24 of the Scheme of Administration alongwith recommendation to appoint some Principal of Government Inter College, Budaun to work as Prabandh Sanchalak of the petitioner-college. I have also scanned the substance of paragraph 24 of the Scheme of Administration. It would crystallize from a perusal of Paragraph 24 of the Scheme of Administration that the power to appoint Administrator could be exercised by the State Government only on coming into existence certain contingencies as delineated in the paragraph aforesaid. In the instant petition, the impugned order has been passed by Joint Director of Education/Regional Committee who according to paragraph 24 of the scheme of administration is not competent to exercise that power. The matter may be considered from another angle. So far as Institutions recognized under the U. P. Intermediate Education Act are concerned, the law of supersession will come into play. Under the provisions of law of supersession, the power can be exercised regard being had to three provisions only. Firstly, Section 16D of U. P. intermediate Education Act according to which only State Government is competent to pass order in accordance with procedure prescribed on satisfying the ingredients mentioned under Section 16D of U. P. Intermediate Education Act. The second provision relates to Section 6 of the U. P. High School and Intermediate College (Payment of Salaries of Teachers and other Employees) Act 1971 according to which the power could be exercised if an order issued in compliance of certain directions contained in Sections 3, 4 and 5 of the Act aforesaid by which the matter could be referred to Regional Director to pass order for appointing Administrator in the matter of payment of salary and Regional Deputy Director of Education is competent to pass order on satisfying the ingredients contained under Section 6 of the U. P. High School and Intermediate College (Payment of Salaries of Teachers and other Employees) Act, 1971. The third provision is relatable to the scheme of administration approved under Section 16A of U. P. Intermediate Education Act which envisages appointment of Prabandh Sanchalak in supersession of Committee of Management to hold election if term of committee of management had come to an end and election proceeding has not been commenced by the outgoing Committee within time. In my considered view none of the conditions have been satisfied in the present case.;