- (1.) This intra court appeal under Chapter VIII Rule 5 of Allahabad High Court Rules has been filed by the Committee of Management through its Manager and by one Sri Gyan Prakash Govil describing himself as Manager of the same Institution against the judgment and order dated 5.5.2017, passed in Writ-A No.19142 of 2017.
(2.) The facts relevant for deciding this special appeal are as under:- Janta Inter College, Cherat, Aligarh is an aided and recognized intermediate College. The said institution is run and managed in accordance with the approved scheme of administration framed under the provisions of U.P. Intermediate Education Act, 1921 (hereinafter referred to as the Act of 1921). It is not in dispute that the Committee of Management of Janta Inter College with Sri Gyan Prakash Govil as Manager was managing the said Institution till passing of the order dated 20.4.2016 under Section 6 (3) of the U.P. High School and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971 (hereinafter referred to as the Act of 1971). By means of the order under Section 6 (3) of the Act of 1971 dated 20.4.2016, the Committee of Management of the Institution was superseded and authorized controller was appointed. Not being satisfied with the order, the Committee of Management preferred Writ Petition No.20014 of 2016 which was disposed of vide judgment and order dated 24.5.2016 providing therein that the petitioner Committee of Management may represent its grievance before the Joint Director of Education who in turn was required to decide the matter in a time bound manner and till such decision the order of appointment of authorized controller was kept in abeyance.
(3.) The Joint Director of Education rejected the representation so made by the petitioner vide order dated 30.6.2016 and as result of which the authorized controller was appointed in the Institution. The Committee of Management filed Writ Petition No.41261 of 2016 wherein an interim order was granted by High court on 1.9.2016.;