- (1.) THE present appeal has been filed against the order passed by the Hon'ble Single Judge dated 19-9-2006 in Writ Petition No. 51205 of 2006 (Committee of Management, Chaudhary Charan Singh Inter College Goyala District Muzaffarnagar & Anr. v. State of U. P. & Ors. ).
(2.) THE writ petition was filed for the following reliefs : (i) Issue a writ of and quash the order dated 14-8-2006 passed by the respondent No. 2. (ii) Issue a writ of mandamus and direct to respondents to permit to petitioner's for work as elected as manager of Committee of Management, Chaudhary Charan Singh Inter College Goyala District Muzaffarnagar without any interpretation according to law. (iii) Issue a suitable order or direction, which this Hon'ble Court may deem fit and proper under the circumstances of the case. (iv) Award the costs of the writ petition to the petitioner. " It has been submitted on behalf of the appellant that the relief sought in the writ petition has been granted by way of an interim relief, which cannot be granted in view of the well-settled principle of law. The facts stated by the appellant before this Court are that the election of the Committee of Management was held in accordance with the Scheme of Administration on 17-11-2002. One Harpal Singh was elected as President and Gajendra Singh (Petitioner) was elected as a Manager. The election was recognized by the District Inspector of Schools on 1-1-2003. It appears that as the Committee of Management was not working in consonance of Scheme of Administration, therefore, no confidence motion was carried out in a meeting held on 13-4-2006 and the Committee of Management which was elected vide its election dated 17-11-2002 was superseded and the papers were submitted before the District Inspector of Schools and the District Inspector of Schools has recommended the same to the Regional Level Committee for the purposes of passing appropriate orders. The competent authority while considering the dispute, which was to be decided has appointed Authorized Controller to manage the affairs of the institution. The writ petitioner aggrieved by the aforesaid order has filed the writ petition and admittedly by order dated 14-8-2006 the Authorized Controller has taken over charge and was managing the affairs. It appears from the order passed by the Hon'ble Single Judge that the final relief has been granted and admittedly, on the day when the order was passed the affairs of the institution was being managed by the Authorized Controller, therefore a direction to this effect that "in case Prabandh Sanchalak has taken over charge as claimed by the opposite party, the charge shall be restored to the petitioner forthwith. " The aforesaid order amounts to allowing the writ petition as admittedly there was a dispute and which was to be decided by the Joint Director of Education, Saharanpur Region, Saharanpur.
(3.) IN view of the aforesaid fact, the appellant submits that the order dated 19-9-2006 may be set aside and the appeal be allowed. On the other hand, the Counsel for the respondents (writ petitioner) has placed reliance upon a Full Bench Judgment of this Court in Committee of Management v. Deputy Director of Education & Ors. , 2005 (1) LBESR 14 (All) (FB) : 2004 (4) ESC 2257. It has been stated that the Regional Deputy Director of Education while taking a decision for appointment of authorized controller under Section 16-A (7) of the U. P. Intermediate Education Act, 1921 has to exercise the said jurisdiction according to law. The Regional Deputy Director of Education is not required to decide the question of actual control, as only on the basis of intimation given by the appellant the Authorized Controller has been appointed to manage the affairs of the institution, as such, it is in clear contravention of the judgment of the Full Bench of this Court.;