Mahavidyalaya Inter College through its Manager Dwarika Nath Dubey vs District Inspector of Schoo

Petitioner :- C/M Shri Gandhi Adarsh Intermediate College And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ramesh Chandra Dwivedi Counsel for Respondent :- Prathamesh Upadhyay Hon'ble Saral Srivastava,J.

1. Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondents and Sri Prathamesh Upadhyay, learned counsel for the respondent no.5.

2. Petitioner by means of present writ petition has prayed for following reliefs: "(i) to issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 18.08.2022 passed by the District Inspector of Schools, Deoria. (ii) to issue a writ, order or direction in the nature of mandamus restraining the respondents from interefering with the functioning of the committee of management of the institution namely Shri Gandhi Adarsh Intermediate College Rewali, District Deoria with the petitioner no.1 as its Manager."

3. This Court on 04.08.2023 has passed the following order: "1. Counter affidavit filed on behalf of the respondents no.5 and 6 and a personal affidavit filed today are taken on record.

2. Heard Sri R.C. Dwivedi, learned counsel for the petitioners, learned Standing Counsel for the State-respondents and Sri Prathamesh Upadhyay, learned counsel for the newly impleaded respondents no.5 and 6.

3. By the order impugned dated 18.08.2022, single hand operation of the accounts of the petitioner institution has been ordered by the District Inspector of Schools, Deoria in purported exercise of powers under Section 5(1) of U.P. High School and Intermediate Colleges (Payment of Salaries of Teachers and Other Employees) Act, 1971 on the ground that the petitioner committee has lived its term and with effect from 04.09.2021 it is defunct/ time barred.

4. The submission of learned counsel for the petitioner is that the last elections of the Committee of Management were held on 04.09.2016 and pursuant thereto the signatures of the petitioner no.2 were attested in the capacity of Manager on 07.10.2016 and before the term of five years could lapse, an application dated 17.08.2021 was moved before the District Inspector of Schools for sending Observer for the purposes of conducting fresh elections, however, no Observer was sent by the District Inspector of Schools.

5. It has further been contended that though no elections were held in absence of Observer, the petitioner committee is in effective control of the affairs of the institution, but by the order impugned, in the meantime some dispute has been raised by certain members regarding electoral college which is pending before the Assistant Registrar, Firms, Chits and Societies, Gorakhpur.

6. Learned counsel for the petitioners has placed strong reliance upon Division Bench decision of this Court in Committee of Management Kashiraj Mahavidyalaya Inter College through its Manager Dwarika Nath Dubey Vs. Joint Director of Education, Vindhyachal Region & others, decided on 23.03.2005: 2005 (5) AWC 4853 where, in the identical background of facts, while analyzing the power of District Inspector of Schools under Section 5(1) of the Act, 1971, the effective control was held to be valid and the impugned action of the District Inspector of Schools was denounced.

7. This Court, by order dated 29.05.2023, called upon affidavit from the District Inspector of Schools and by fixing 10.07.2023 issued a direction that in the meantime the Assistant Registrar shall complete proceedings under Section 4-B of the Societies Registration Act, 1860.

8. Admittedly, till today, the said proceedings have not been finalized.

9. The submission of the petitioners is that no circumstances existed to order for single hand operation and Section 5(1) applies where difficulties arise in disbursement of salary due to any default of the management and under such circumstances the DIOS may instruct bank that the accounts shall be operated only by himself or by such other officer as may be authorized by him.

10. Learned counsel submits that on the one hand the State did not perform duty cast upon it to send the Observer, because of which the elections could not be held, on the other hand the Assistant Registrar is not finalizing the electoral college under Section 4-B of the Act, 1860 despite directions issued by this Court in the order dated 29.05.2023 and, hence, the order of single hand operation is not justified.

11. Per contra, Sri Prathamesh Upadhyay has argued that there being dispute regarding electoral college and admittedly no steps having been taken by the petitioner to conduct elections even in absence of Observer and on account of the fact that there is serious defect in the constitution and composition of the executive body, no interference is required.

12. The State is directed to file a specific counter affidavit regarding finalization of proceedings under Section 4-B of the Act, 1860. The said proceedings shall be finalized positively within a period of two months from today.

13. The affidavits on merits of the case shall be exchanged in between the parties within this period of two months itself.

14. List this case on 16.10.2023.

15. Till the next date of listing, the effect and operation of the impugned order dated 18.08.2022 passed by the District Inspector of Schools, Deoria, shall remain stayed."

4. Since no counter affidavit has been filed by the State- respondents, therefore, the averments made in the writ petition are treated to be true and correct and in the absence of any denial to the averments made in the writ petition that the petitioner was not afforded any opportunity of hearing, this Court finds that the order of single operation cannot be sustained and is liable to be set aside.

5. In view of above, the impugned order dated 18.08.2022 passed by the District Inspector of Schools, Deoria is set aside. Accordingly, the writ petition is allowed with liberty to the respondent to pass fresh order in accordance with law and after giving the due notice and opportunity of hearing to all the concerned parties. Order Date :- 12.5.2025 Mohit MOHIT KUMAR KUSHWAHA High Court of Judicature at Allahabad

Petitioner :- C/M Shri Gandhi Adarsh Intermediate College And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ramesh Chandra Dwivedi Counsel for Respondent :- Prathamesh Upadhyay Hon'ble Saral Srivastava,J.

1. Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondents and Sri Prathamesh Upadhyay, learned counsel for the respondent no.5.

2. Petitioner by means of present writ petition has prayed for following reliefs: "(i) to issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 18.08.2022 passed by the District Inspector of Schools, Deoria. (ii) to issue a writ, order or direction in the nature of mandamus restraining the respondents from interefering with the functioning of the committee of management of the institution namely Shri Gandhi Adarsh Intermediate College Rewali, District Deoria with the petitioner no.1 as its Manager."

3. This Court on 04.08.2023 has passed the following order: "1. Counter affidavit filed on behalf of the respondents no.5 and 6 and a personal affidavit filed today are taken on record.

2. Heard Sri R.C. Dwivedi, learned counsel for the petitioners, learned Standing Counsel for the State-respondents and Sri Prathamesh Upadhyay, learned counsel for the newly impleaded respondents no.5 and 6.

3. By the order impugned dated 18.08.2022, single hand operation of the accounts of the petitioner institution has been ordered by the District Inspector of Schools, Deoria in purported exercise of powers under Section 5(1) of U.P. High School and Intermediate Colleges (Payment of Salaries of Teachers and Other Employees) Act, 1971 on the ground that the petitioner committee has lived its term and with effect from 04.09.2021 it is defunct/ time barred.

4. The submission of learned counsel for the petitioner is that the last elections of the Committee of Management were held on 04.09.2016 and pursuant thereto the signatures of the petitioner no.2 were attested in the capacity of Manager on 07.10.2016 and before the term of five years could lapse, an application dated 17.08.2021 was moved before the District Inspector of Schools for sending Observer for the purposes of conducting fresh elections, however, no Observer was sent by the District Inspector of Schools.

5. It has further been contended that though no elections were held in absence of Observer, the petitioner committee is in effective control of the affairs of the institution, but by the order impugned, in the meantime some dispute has been raised by certain members regarding electoral college which is pending before the Assistant Registrar, Firms, Chits and Societies, Gorakhpur.

6. Learned counsel for the petitioners has placed strong reliance upon Division Bench decision of this Court in Committee of Management Kashiraj Mahavidyalaya Inter College through its Manager Dwarika Nath Dubey Vs. Joint Director of Education, Vindhyachal Region & others, decided on 23.03.2005: 2005 (5) AWC 4853 where, in the identical background of facts, while analyzing the power of District Inspector of Schools under Section 5(1) of the Act, 1971, the effective control was held to be valid and the impugned action of the District Inspector of Schools was denounced.

7. This Court, by order dated 29.05.2023, called upon affidavit from the District Inspector of Schools and by fixing 10.07.2023 issued a direction that in the meantime the Assistant Registrar shall complete proceedings under Section 4-B of the Societies Registration Act, 1860.

8. Admittedly, till today, the said proceedings have not been finalized.

9. The submission of the petitioners is that no circumstances existed to order for single hand operation and Section 5(1) applies where difficulties arise in disbursement of salary due to any default of the management and under such circumstances the DIOS may instruct bank that the accounts shall be operated only by himself or by such other officer as may be authorized by him.

10. Learned counsel submits that on the one hand the State did not perform duty cast upon it to send the Observer, because of which the elections could not be held, on the other hand the Assistant Registrar is not finalizing the electoral college under Section 4-B of the Act, 1860 despite directions issued by this Court in the order dated 29.05.2023 and, hence, the order of single hand operation is not justified.

11. Per contra, Sri Prathamesh Upadhyay has argued that there being dispute regarding electoral college and admittedly no steps having been taken by the petitioner to conduct elections even in absence of Observer and on account of the fact that there is serious defect in the constitution and composition of the executive body, no interference is required.

12. The State is directed to file a specific counter affidavit regarding finalization of proceedings under Section 4-B of the Act, 1860. The said proceedings shall be finalized positively within a period of two months from today.

13. The affidavits on merits of the case shall be exchanged in between the parties within this period of two months itself.

14. List this case on 16.10.2023.

15. Till the next date of listing, the effect and operation of the impugned order dated 18.08.2022 passed by the District Inspector of Schools, Deoria, shall remain stayed."

4. Since no counter affidavit has been filed by the State- respondents, therefore, the averments made in the writ petition are treated to be true and correct and in the absence of any denial to the averments made in the writ petition that the petitioner was not afforded any opportunity of hearing, this Court finds that the order of single operation cannot be sustained and is liable to be set aside.

5. In view of above, the impugned order dated 18.08.2022 passed by the District Inspector of Schools, Deoria is set aside. Accordingly, the writ petition is allowed with liberty to the respondent to pass fresh order in accordance with law and after giving the due notice and opportunity of hearing to all the concerned parties. Order Date :- 12.5.2025 Mohit MOHIT KUMAR KUSHWAHA High Court of Judicature at Allahabad