C/M Pt. Rambali Mishra Shobharam Rashtriya Inter College Thru.Yogendra Pratap Mishra And Another v. State Of U.P. Thru. Prin. Secy. Secondary Edu. Govt. Of U.P. Lko. And 3

no. 7 & 8 to the Writ Petition respectively. II. To issue a writ, order or direction in the nature of CERTIORARI thereby quashing the impugned order dated 29.5.2025 passed by the Director of Education (Secondary), U.P., Lucknow after summoning the same from its custodian. III. To issue a writ, order or direction in the nature of MANDAMUS thereby commanding the Opposite Parties specially the Opposite Party No. 3 Joint Director of Education, Ayodhya Division, Ayodhya to not proceed for any inquiry in respect of same issue for which the inquiry is going on under the Director of Education (Secondary) Uttar Pradesh, Lucknow."

3. It is the case of the petitioners that they had earlier filed Writ-C No.4494 of 2025 before this Court praying for quashing of the orders 2 WRIC No. 9225 of 2025 dated 22.04.2025 and 29.04.2025 passed by the Joint Director of Education, Ayodhya Division Ayodhya and for mandamus to be issued to the Joint Director of Education not to proceed for any inquiry in respect of the same issue for which the inquiry is going on under the Director of Education (Secondary), U.P., Lucknow. The said writ petition was entertained by this Court and by an interim order dated 26.05.2025, the Court restrained the Joint Director of Education, Ayodhya Division, Ayodhya from proceeding in respect of the inquiry, which was already the subject matter of inquiry conducted by the Director of Education. Writ-C No.4494 of 2025 is still pending before this Court and interim order dated

26.05.2025 is still operating. The petitioners also filed Writ-C No.10462 of 2024 praying for a direction to the District Magistrate, Sultanpur and the Chief Development Officer, Sultanpur to constitute a Technical Inquiry Team for valuation of new construction made Institution i.e. Pt. Rambali Mishra Shri Shobharam Rashtriya Inter College, Chandipur, Sultanpur from the compensation received by the Management from the National Highways Authority of India.

4. It has been submitted that such Technical Inquiry had already been recommended vide inquiry report dated 07.09.2024. Writ-C No.10462 of 2024 was disposed of by this Court on 05.12.2024 issuing direction to the Director of Education (Secondary), U.P., Lucknow to initiate an inquiry on the complaint made by Shri Arun Dev Mishra regarding embezzlement of the public fund. A copy of the judgement rendered on 05.12.2024 has been filed as Annexure No.4 to the writ petition.

5. It has also been submitted that the Director of Education (Secondary), U.P., Lucknow was served a copy of the judgement dated 05.12.2024 by the petitioners on 23.12.2024, but he did nothing in the matter. In the meantime, an inquiry was pending before the Finance Controller (Secondary), Directorate of Education, U.P., Prayagraj in pursuance of the instructions issued by the Director of Education (Secondary), U.P., Lucknow prior to the passing of the judgement dated 05.12.2024. Now fresh inquiry has been initiated by the Director of Education (Secondary), U.P., Lucknow in which the impugned orders dated 31.07.2025 and

02.08.2025 have been passed by the Joint Director of Education, Ayodhya Division Ayodhya directing the petitioners to appear with regard to the 3 WRIC No. 9225 of 2025 embezzlement of public fund, which the petitioners' institution had received as compensation for the land acquired by the National Highways Authority of India from the petitioners' institution for construction of Purvanchal Expressway.

6. It has been submitted that since the Court had specifically asked the Director of Education (Secondary) to initiate an inquiry, the Joint Director of Education, Ayodhya Division Ayodhya has no jurisdiction to initiate inquiry. It has also been submitted that earlier the District Inspector of Schools, Sultanpur had sent a letter to the District Magistrate, Sultanpur on 07.09.2024 regarding a Committee being constituted which has recommended for Technical Inquiry of the construction work done by the Management of the Institution.

7. It has been submitted that the complainant Arun Dev Mishra is a member of Management of the Institution and part of the Committee of Management and also part of the decision of the Committee for raising new construction in the Institution from the compensation received from the National Highways Authority of India. He could not have complained to the authority. However, Arun Dev Mishra, complainant has also filed Writ-C No.2023 of 2024 before this Court praying for a direction to be issued to the opposite parties to take action against the Manager of the Institution i.e. petitioner no.2. The Court did not give any effective relief and a copy of the order dated 02.04.2024 has been filed as Annexure No.12 to the writ petition.

8. After such order was passed, complainant Arun Dev Mishra has also preferred a representation before the authorities against petitioner no.2. Thereafter inquiry was directed in the matter and the District Inspector of Schools, Sultanpur has also given notice to the petitioners on 10.10.2024. It has been submitted that it is not clear to the authorities as to who should inquire into the matter and therefore, repeatedly fresh inquiries are being initiated against the petitioners. The petitioners cannot be harassed in such manner and cannot be forced to attend all such inquiries simultaneously.

9. We have gone through the pleadings on record and it appears that the complainant Arun Dev Mishra, who had earlier filed Writ-C No.2023 of 4 WRIC No. 9225 of 2025 2024, has not been impleaded as opposite party in this writ petition. We have given right to Shri Ghanshyam Verma, learned counsel for the caveator i.e. Arun Dev Mishra to intervene in terms of the amended Rules of the Court.

10. It appears from the instructions produced by learned Standing Counsel and from the arguments of Shri Ghanshyam Verma appearing for complainant - Arun Dev Mishra that the land of Gata No.229 was acquired by the National Highways Authority of India for construction of Purvanchal Expressway and a sum of Rs.1,57,29,220/- was given a compensation the Institution. From the amount received as compensation it is the averments made in the writ petition that the petitioners constructed school building with the consent of the members of the Committee of Management and resolution was passed in this regard on 30.06.2018.

11. The complainant Arun Dev Mishra being annoyed for some reason approached this Court and this Court by disposing of Writ-C No.2023 of 2024 on the basis of written instructions sent by the District Inspector of Schools, Sultanpur had directed that since Two Members Committee has already been constituted for looking the complaint and a notice has been issued to the Committee of Management as well as the Manager of the Institution, complaint Arun Dev Mishra should also approach Two Members Committee and make his submissions before it.

12. It appears that the allegation was with respect to the misappropriation of compensation amount. The Uttar Pradesh Education Institution (Prevention of Dissipation of Assets) Act, 1974 is applicable in such disputes. As per instructions dated 09.09.2025 produced by learned Standing Counsel sent by the District Inspector of Schools, Sultanpur, it is evident that sub section 3 of Section 4 of the Act, 1974 requires prior permission/sanction with respect the expenditure, which Management can do from the resources of the Institution. Such expenditure shall not be incurred without prior sanction in writing of the Director. It appears that only a resolution was passed on the basis of which construction from the compensation, which was given as a result of land acquired by the National Highways Authority of India. It also 5 WRIC No. 9225 of 2025 appears that the compensation was a part of the resources of the school/institution and could not have been spent unless there was prior sanction in writing of the Director, which was not taken in the case.

13. Learned counsel for the petitioners seriously disputes the application of the Act, 1974 and says that the Act, 1974 only relates to the property of the institution being sold off by the Management. It does not relate to compensation, which was received on the basis of land being acquired by the National Highways Authority of India. We are not convinced.

14. However, it appears that initially the District Inspector of Schools, Sultanpur had initiated an inquiry of Two Member Committee. The said Two Members Committee submitted inquiry report, which was forwarded to the District Magistrate, Sultanpur by the District Inspector of Schools, Sultanpur in which the Committee had opined that a technical inquiry/audit being done of the construction made by the Management from the amount of compensation received. The matter remained pending. In the meantime, some inquiry was initiated by the Director of Education appointing the Finance Controller as Inquiry Officer. The Finance Controller constituted audit cell, which visited the Institution, but the petitioners did not produce any document as required by the audit team. Since the petitioners were not cooperating in the audit, a report was submitted by the Finance Controller to the Director of Education (Secondary), U.P., Lucknow and also information regarding the same was given to the District Inspector of Schools, Sultanpur and to the Finance and Accounts Officer, Sultanpur. A request was made that the Management and the employees be directed to cooperate in the audit, which was being conducted.

15. It appears that after such letter was received, the Director has constituted a fresh team on 29.05.2025 with the Joint Director of Education, Ayodhya Division, Ayodhya, the District Inspector of Schools, Sultanpur and the Accounts Officer of the Office of the District Inspector of Schools, Sultanpur to conduct an inquiry in the matter.

16. The petitioners have alleged that they cannot take part in three inquiries simultaneously. It is not a case of three inquiries being 6 WRIC No. 9225 of 2025 conducted simultaneously. It is a case of inquiry now being conducted by a team constituted on 29.05.2025 by the Director of Education (Secondary), U.P., Lucknow taking into account the order passed by this Court in Writ-C No.10462 of 2024.

17. This writ petition is disposed of with direction to the petitioners to submit all necessary documents/records available in his possession before the team of Three Members Committee on the date fixed by the Joint Director in this regard. The Joint Director has already issued a letter on

02.08.2025 in this regard and the date fixed in the matter vide letter dated

02.08.2025 was 13.08.2025, which has now lapsed. Therefore, we fix the date of 07.10.2025 for the petitioners to appear before the team of Three Members Committee constituted by the Director of Education (Secondary). The intervenor/complainant namely Arun Dev Mishra is also given opportunity to appear before the Three Members Committee and place records as is available with him. After giving proper and reasonable opportunity of hearing to all concerned, the Team shall complete the inquiry and submits its report to the Director of Education (Secondary), U.P., Lucknow within a period of three months i.e. latest by

07.01.2026. The Director of Education (Secondary), U.P., Lucknow shall take necessary decision thereafter. September 23, 2025 Anupam S/- (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench

no. 7 & 8 to the Writ Petition respectively. II. To issue a writ, order or direction in the nature of CERTIORARI thereby quashing the impugned order dated 29.5.2025 passed by the Director of Education (Secondary), U.P., Lucknow after summoning the same from its custodian. III. To issue a writ, order or direction in the nature of MANDAMUS thereby commanding the Opposite Parties specially the Opposite Party No. 3 Joint Director of Education, Ayodhya Division, Ayodhya to not proceed for any inquiry in respect of same issue for which the inquiry is going on under the Director of Education (Secondary) Uttar Pradesh, Lucknow."

3. It is the case of the petitioners that they had earlier filed Writ-C No.4494 of 2025 before this Court praying for quashing of the orders 2 WRIC No. 9225 of 2025 dated 22.04.2025 and 29.04.2025 passed by the Joint Director of Education, Ayodhya Division Ayodhya and for mandamus to be issued to the Joint Director of Education not to proceed for any inquiry in respect of the same issue for which the inquiry is going on under the Director of Education (Secondary), U.P., Lucknow. The said writ petition was entertained by this Court and by an interim order dated 26.05.2025, the Court restrained the Joint Director of Education, Ayodhya Division, Ayodhya from proceeding in respect of the inquiry, which was already the subject matter of inquiry conducted by the Director of Education. Writ-C No.4494 of 2025 is still pending before this Court and interim order dated

26.05.2025 is still operating. The petitioners also filed Writ-C No.10462 of 2024 praying for a direction to the District Magistrate, Sultanpur and the Chief Development Officer, Sultanpur to constitute a Technical Inquiry Team for valuation of new construction made Institution i.e. Pt. Rambali Mishra Shri Shobharam Rashtriya Inter College, Chandipur, Sultanpur from the compensation received by the Management from the National Highways Authority of India.

4. It has been submitted that such Technical Inquiry had already been recommended vide inquiry report dated 07.09.2024. Writ-C No.10462 of 2024 was disposed of by this Court on 05.12.2024 issuing direction to the Director of Education (Secondary), U.P., Lucknow to initiate an inquiry on the complaint made by Shri Arun Dev Mishra regarding embezzlement of the public fund. A copy of the judgement rendered on 05.12.2024 has been filed as Annexure No.4 to the writ petition.

5. It has also been submitted that the Director of Education (Secondary), U.P., Lucknow was served a copy of the judgement dated 05.12.2024 by the petitioners on 23.12.2024, but he did nothing in the matter. In the meantime, an inquiry was pending before the Finance Controller (Secondary), Directorate of Education, U.P., Prayagraj in pursuance of the instructions issued by the Director of Education (Secondary), U.P., Lucknow prior to the passing of the judgement dated 05.12.2024. Now fresh inquiry has been initiated by the Director of Education (Secondary), U.P., Lucknow in which the impugned orders dated 31.07.2025 and

02.08.2025 have been passed by the Joint Director of Education, Ayodhya Division Ayodhya directing the petitioners to appear with regard to the 3 WRIC No. 9225 of 2025 embezzlement of public fund, which the petitioners' institution had received as compensation for the land acquired by the National Highways Authority of India from the petitioners' institution for construction of Purvanchal Expressway.

6. It has been submitted that since the Court had specifically asked the Director of Education (Secondary) to initiate an inquiry, the Joint Director of Education, Ayodhya Division Ayodhya has no jurisdiction to initiate inquiry. It has also been submitted that earlier the District Inspector of Schools, Sultanpur had sent a letter to the District Magistrate, Sultanpur on 07.09.2024 regarding a Committee being constituted which has recommended for Technical Inquiry of the construction work done by the Management of the Institution.

7. It has been submitted that the complainant Arun Dev Mishra is a member of Management of the Institution and part of the Committee of Management and also part of the decision of the Committee for raising new construction in the Institution from the compensation received from the National Highways Authority of India. He could not have complained to the authority. However, Arun Dev Mishra, complainant has also filed Writ-C No.2023 of 2024 before this Court praying for a direction to be issued to the opposite parties to take action against the Manager of the Institution i.e. petitioner no.2. The Court did not give any effective relief and a copy of the order dated 02.04.2024 has been filed as Annexure No.12 to the writ petition.

8. After such order was passed, complainant Arun Dev Mishra has also preferred a representation before the authorities against petitioner no.2. Thereafter inquiry was directed in the matter and the District Inspector of Schools, Sultanpur has also given notice to the petitioners on 10.10.2024. It has been submitted that it is not clear to the authorities as to who should inquire into the matter and therefore, repeatedly fresh inquiries are being initiated against the petitioners. The petitioners cannot be harassed in such manner and cannot be forced to attend all such inquiries simultaneously.

9. We have gone through the pleadings on record and it appears that the complainant Arun Dev Mishra, who had earlier filed Writ-C No.2023 of 4 WRIC No. 9225 of 2025 2024, has not been impleaded as opposite party in this writ petition. We have given right to Shri Ghanshyam Verma, learned counsel for the caveator i.e. Arun Dev Mishra to intervene in terms of the amended Rules of the Court.

10. It appears from the instructions produced by learned Standing Counsel and from the arguments of Shri Ghanshyam Verma appearing for complainant - Arun Dev Mishra that the land of Gata No.229 was acquired by the National Highways Authority of India for construction of Purvanchal Expressway and a sum of Rs.1,57,29,220/- was given a compensation the Institution. From the amount received as compensation it is the averments made in the writ petition that the petitioners constructed school building with the consent of the members of the Committee of Management and resolution was passed in this regard on 30.06.2018.

11. The complainant Arun Dev Mishra being annoyed for some reason approached this Court and this Court by disposing of Writ-C No.2023 of 2024 on the basis of written instructions sent by the District Inspector of Schools, Sultanpur had directed that since Two Members Committee has already been constituted for looking the complaint and a notice has been issued to the Committee of Management as well as the Manager of the Institution, complaint Arun Dev Mishra should also approach Two Members Committee and make his submissions before it.

12. It appears that the allegation was with respect to the misappropriation of compensation amount. The Uttar Pradesh Education Institution (Prevention of Dissipation of Assets) Act, 1974 is applicable in such disputes. As per instructions dated 09.09.2025 produced by learned Standing Counsel sent by the District Inspector of Schools, Sultanpur, it is evident that sub section 3 of Section 4 of the Act, 1974 requires prior permission/sanction with respect the expenditure, which Management can do from the resources of the Institution. Such expenditure shall not be incurred without prior sanction in writing of the Director. It appears that only a resolution was passed on the basis of which construction from the compensation, which was given as a result of land acquired by the National Highways Authority of India. It also 5 WRIC No. 9225 of 2025 appears that the compensation was a part of the resources of the school/institution and could not have been spent unless there was prior sanction in writing of the Director, which was not taken in the case.

13. Learned counsel for the petitioners seriously disputes the application of the Act, 1974 and says that the Act, 1974 only relates to the property of the institution being sold off by the Management. It does not relate to compensation, which was received on the basis of land being acquired by the National Highways Authority of India. We are not convinced.

14. However, it appears that initially the District Inspector of Schools, Sultanpur had initiated an inquiry of Two Member Committee. The said Two Members Committee submitted inquiry report, which was forwarded to the District Magistrate, Sultanpur by the District Inspector of Schools, Sultanpur in which the Committee had opined that a technical inquiry/audit being done of the construction made by the Management from the amount of compensation received. The matter remained pending. In the meantime, some inquiry was initiated by the Director of Education appointing the Finance Controller as Inquiry Officer. The Finance Controller constituted audit cell, which visited the Institution, but the petitioners did not produce any document as required by the audit team. Since the petitioners were not cooperating in the audit, a report was submitted by the Finance Controller to the Director of Education (Secondary), U.P., Lucknow and also information regarding the same was given to the District Inspector of Schools, Sultanpur and to the Finance and Accounts Officer, Sultanpur. A request was made that the Management and the employees be directed to cooperate in the audit, which was being conducted.

15. It appears that after such letter was received, the Director has constituted a fresh team on 29.05.2025 with the Joint Director of Education, Ayodhya Division, Ayodhya, the District Inspector of Schools, Sultanpur and the Accounts Officer of the Office of the District Inspector of Schools, Sultanpur to conduct an inquiry in the matter.

16. The petitioners have alleged that they cannot take part in three inquiries simultaneously. It is not a case of three inquiries being 6 WRIC No. 9225 of 2025 conducted simultaneously. It is a case of inquiry now being conducted by a team constituted on 29.05.2025 by the Director of Education (Secondary), U.P., Lucknow taking into account the order passed by this Court in Writ-C No.10462 of 2024.

17. This writ petition is disposed of with direction to the petitioners to submit all necessary documents/records available in his possession before the team of Three Members Committee on the date fixed by the Joint Director in this regard. The Joint Director has already issued a letter on

02.08.2025 in this regard and the date fixed in the matter vide letter dated

02.08.2025 was 13.08.2025, which has now lapsed. Therefore, we fix the date of 07.10.2025 for the petitioners to appear before the team of Three Members Committee constituted by the Director of Education (Secondary). The intervenor/complainant namely Arun Dev Mishra is also given opportunity to appear before the Three Members Committee and place records as is available with him. After giving proper and reasonable opportunity of hearing to all concerned, the Team shall complete the inquiry and submits its report to the Director of Education (Secondary), U.P., Lucknow within a period of three months i.e. latest by

07.01.2026. The Director of Education (Secondary), U.P., Lucknow shall take necessary decision thereafter. September 23, 2025 Anupam S/- (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench