- (1.) The Committee of Management of Bhumidhar Inter College, Sikriganj, Gorakhpur (hereinafter referred to as the ''College') and its Manager have filed this petition for quashing the order dated 2nd July, 2009 passed by the State Government under Sub-sections (5) and (8) of Section 16D of the U.P. Intermediate Education Act, 1921 (hereinafter referred to as the ''Act').
(2.) The College receives grant-in-aid from the State Government and is governed by the provisions of the Act. On 8th February, 1991 the State Government passed an order under Section 16D(4) of the Act appointing an Authorised Controller in the College for a period of one year. This order was challenged by the then Committee of Management in Writ Petition No. 3978 of 1991 and on 18th February, 1991 the Court admitted the petition and stayed the operation of the order dated 8th February, 1991. However, this petition was dismissed as having become infructuous on 16th May, 2002. On the basis of the interim order the Committee of Management continued to function and elections were held. The papers with regard to the elections held on 28th June, 2009 were sent to the District Inspector of Schools for grant of recognition. In the meantime the State Government passed the order dated 2nd July, 2009 which has been impugned in the present petition.
(3.) A perusal of the said order shows that for the two grounds mentioned in the order, it was considered necessary by the State Government to issue notice to the Management of the College to show cause why an Authorised Controller be not appointed in the College. At the same time, the State Government also suspended the Committee of Management pending the order that may subsequently be made under Sub-section (6) of Section 16-D of the Act as it was of the opinion that immediate suspension of the Committee of Management was also necessary and expedient in the interest of the College concerned.;