Allahabad High Court
C/M Adarsh Kanya Inter College And ... vs State Of U.P. And 3 Others on 23 January, 2020
Author: Ashwani Kumar Mishra
Bench: Ashwani Kumar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 39 Case :- WRIT - C No. - 1900 of 2020 Petitioner :- C/M Adarsh Kanya Inter College And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Hritudhwaj Pratap Sahi,Sankalp Narain,Santosh Kumar Rai Counsel for Respondent :- C.S.C.,Arvind Srivastava Hon'ble Ashwani Kumar Mishra,J.
This petition is directed against an order passed by the District Inspector of Schools, Mirzapur dated 13.12.2019 which disapproves the alleged election proceeding submitted by the petitioner Committee of Management dated 17.11.2019 on the ground that there is no approved scheme of administration and that model scheme of administration has otherwise not been implemented. The Inspector has further directed the payment of salary to be released vide order of single operation under Section 5(1) of U.P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971.
Sri V. K. Singh, learned Senior Counsel for the petitioner states that there is a socieity known as Shri Sankarshan Mahavidyalayapeeth, Seekhar Mirzapur, which is duly recoginzed under the provisions of Society of Registration Act, 1860. This society manages two recognized intermediate institutions namely Shri Sankarshan Mahavidyalaya Peeth Inter College, Seekhar Mirzapur and Adarsh Kanya Intermediate College, Seekhar Mirzapur. Shri Sankarshan Mahavidyalaya Peeth Inter College, Seekhar, Mirzapur has an approved scheme of administration and over a period of time election in the Adarsh Kanya Intermediate College, Seekhar, Mirzapur was also conducted relying upon the scheme of administration of the other college. It is stated that the authorities of the State were under an obligation to get the scheme of administration prepared for the girls college and merely for the reason that the scheme has not been approved so far, the elections held now which is done following the same procedure as was done earlier, cannot be ignored.
Learned Standing counsel as well as Sri Arvind Srivastava, learned counsel appearing for the President of Managing Committee supports the order for the reasoned assigned there. It is, however, not disputed by Sri Arvind Srivastava, learned counsel also that no recognized scheme of administration exists for the girls institution in question.
Section 16-A of the U.P. Intermediate Education Act, 1921 contemplates existence of a scheme of administration for managing an education institution recognized under the Act of 1921. The nature of scheme to be framed is also regulated by the Act. The State Government has also issued a Government Order dated 25.08.2011 whereby model scheme has been suggested and most of the institutions have already adopted it. In the event no such scheme is in existence for the institution in question i.e. the girls institution, then it would be incumbent upon the Joint Director to ensure that a scheme is duly brought into effect in accordance with the act, within a period of two months from the date of presentation of a certified copy of this order. The society which manages the institution shall be at liberty to initiate the process and Joint Director would ensure that a scheme for the institution is dully approved keeping in view the Government Order dated 25.08.2011. The elections thereafter would be got conducted to constitute the committee of management of the institution concerned within a further period of three months thereafter. Till a newly elected committed is brought into effect, the arrangement suggested in the order impugned shall continue.
Subject to the observations made above, this petition stands disposed of.
Order Date :- 23.1.2020 Abhishek Singh