COMMITTEE OF MANAGEMENT OF SONI THAPA KHANDELWAL BALIKA INTER COLLEGE AND ORS. Vs. STATE OF U.P. AND ORS.

JUDGEMENT

(1.) By this petition under Art. 226 of the Constitution, the petitioners have prayed for a writ of certiorari quashing the appointment of Authorised Controller and a writ of mandamus directing the respondents not to interfere in the management of the institution by petitioner No. 2. There is Soni Thapa Khandelwal Balika Inter College, Maunath Bhanjan, Azamgarh. The election of the Committee of Management took place in August 1981. The petitioner No. 2 was elected Manager. On 22 -3 -1973, the State Government had made a grant of Rs. 34,000/ - for purchasing a bus for the students. The then Committee of Management could not purchase the bus as by the time of the grant, the price of bus had increased considerably. One verandah and several rooms of the school fell down in March 1973. The Committee of Management got the rooms and verandah reconstructed at an expense of Rs. 41,500/ -. As they were short of funds, they spent Rs. 19,000/ - given by the State Government for the purchase of bus. After notices under sub -clauses (2) and (3) of Sec. 16D of the U.P. Intermediate Education Act, 1921 and the replies sent by the petitioners, the respondent No. 2 Director of Education appointed respondent No. 5 Principal, Government Inter College, Azamgarh Authorised Controller of the institution vide order dated 31st July 1984 (Annexure -11). The petitioners had deposited Rs. 2,000/ - on 3 -1 -84 and had prayed for permission to pay balance in 16 monthly installments.

(2.) The petitioners have challenged the validity of the order dated 31st July 1984 inter alia on the grounds that no case for appointment of Authorised Controller was made under Sec. 16 -D(4) of the Act, that the impugned order gives no reasons, that the charges relate to the period of the earlier Committee of Management and there was no charge of the period of the present Committee of Management, that the State Government has ignored the recommendations made by the Director of Education and District Inspector of Schools, that the State Government did not consider the reply filed by the petitioners, that the order has been passed in violation of the principles of natural justice, and that the order is illegal and suffers from manifest error of laws.

(3.) The respondents contested the petition inter alia on the allegations that the present Committee of Management is responsible for its own acts as well as acts of the former Committees of Management, that on 7 -3 -84, respondent No. 2 Director of Education directed respondent No. 3 the Regional Inspectress of Girls Schools to realise the amount as well as interest from the petitioners, that on 1 -6 -84, the respondent No. 3 called upon the petitioners to deposit the amount with interest immediately, that the petitioners did not deposit the amount, that they did not comply with the objections to the audit report, that they committed financial irregularities and that the impugned order has been validly and properly passed.