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Judgment
M. Katju, J.
This special appeal has been filed against the impugned interim order of the learned single Judge dated 28.2.2003. The dispute is regarding the two rival Committee of Management of an Intermediate College.
It appears an order under Section 16A(7) of U.P. Intermediate Education Act was passed in favour of the appellant Committee, Section 16A(7) itself states that when the Deputy Director of Education passes an order under that provision it shall be effective ''until a court of competent jurisdiction directs otherwise''. This means that the order under Section 16A(7) of the Act is subject to the decision in a civil suit. The remedy of the writ petitioners therefore was to file a civil suit and not to have filed the writ petition.
The appeal is allowed. The impugned interim order of the learned single Judge is set aside.
The writ petition is dismissed on the ground of an alternative remedy of filing the civil suit.
We further observe that in future this Court shall not ordinarily entertain writ petitions when there is a dispute between the rival committees of management of an institution, but will relegate the petitioner to his alternative remedy of filing a civil suit. This Court is already flooded with 7 or 8 lakhs arrears and if it keeps on entertaining such petitions where there is an alternative remedy the arrears will increase to 30 to 40 lakhs. We shall therefore be very strict in entertaining petitions when there is an alternative remedy available to the petitioner before an alternative forum.
For a period of two months from today status quo shall be maintained so as to enable the writ petitioners to file a civil suit.
(Appeal allowed)