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Judgment
Hon''ble Rajes Kumar, J.—By means of the present writ petition, the petitioners are challenging the order dated 02.12.2011, by which the Joint Director of Education, Ist Mandal, Meerut has appointed the authorized controller in pursuance of the recommendation of the District Inspector of Schools, dated 07.09.2011.
Learned counsel for the petitioners submitted that u/s 24 of the Uttar Pradesh Sanskrit Education Act, 2000 (hereinafter referred to as the "Act"), if the management fails to comply with any direction given under subsection (4) of Section 24 of the Act, the Director may recommend to the State Government to proceed against the institution under sub-section (5), which authorises the State Government to appoint the authorized controller. Joint Director of Education, Ist Mandal, Meerut has no jurisdiction to appoint any authorized controller.
Learned Standing Counsel is not able to support the order passed by Joint Director of Education, Ist Mandal, Meerut. He submitted that u/s 24(5) of the Act the State Government has only power to appoint authorized controller.
Section 24 of the Act reads as follows:
Inspection of institutions and removal of defects- (1) Inspector, Sanskrit Pathshalayen, Uttar Pradesh, Allahabad or Deputy Inspector, Sanskrit Pathshalayen (Regional), shall be competent authority for the inspection of institutions within his jurisdiction.
(2) The Director, Deputy Director, Sanskrit and Regional Joint Director or any officer authorised by him may also inspect an institution or cause the same to be inspected.
(3) The Director may direct the Management of an institution to remove any defect or deficiency found on inspection or otherwise.
(4) Where the Management fails to comply with any direction made under sub-section (2), the Director may, after considering the explanation or representation, if any, given by the Management,--
(a) refer the case to the Board for withdrawal of recognition; or
(b) recommend to the State Government to proceed against the institution under sub-section (5).
(5) If on receipt of a recommendation referred to in clause (b) of subsection (4) the State Government is satisfied that in the interest of the institution it is necessary that the Management of that institution be handed over to an Authorised Controller, the State Government may, by order, for such period as may be specified in the order, appoint an authorised controller, and the Authorised Controller, may take over the Management of the institution including Management of the land, building, funds and other assets belonging to or vested in the institution to the exclusion of the Committee of Management or any other person, and whenever the Authorised Controller so takes over the Management, he shall, subject only to such restrictions as the State Government may impose, have in relation to the Management of the institution, all such powers and authority as the Committee of Management would have if no order were made under this sub-section.
Under sub-section (2) the Director, Deputy Director, Sanskrit and Regional Joint Director or any officer authorized by him may also inspect an institution. Sub-section (3) provides that Director may direct the management of an institution to remove any defect or deficiency found on inspection or otherwise. Sub-section (4) provides that where the Management fails to comply with any direction made under sub-section (2) the Director may, after considering the explanation or representation, if any, given by the Management recommend to the State Government to proceed against the institution under sub-section (5). Sub-section (5) gives the power to the State Government to appoint the authorized controller. Under the Act, the Joint Director of Education has no power to appoint the authorized controller.
The impugned order passed by the Joint Director of Education, Ist Mandal, Meerut dated 02.12.2011 is illegal and without jurisdiction and is liable to be quashed.
In the result, the writ petition is allowed. The impugned order dated 02.12.2011 passed by the Joint Director of Education, Ist Mandal, Meerut, annexure-1 to the writ petition, is quashed.