Ram Mani Pandey vs The District Inspector of Schools, Basti and Others

Devendra Pratap Singh, J.—Heard learned Counsel for the parties.

This petition is directed against an order dated 19th November 2010 by which the District Inspector of Schools, Basti has approved the suspension of the Petitioner who is an Assistant Teacher in Kisan Inter College, Rasoolpur Tareta in District Basti, which is a duly recognised and aided institution.

It is firstly urged that the Committee of Management which has suspended the Petitioner is not a duly elected Committee of Management and the Manager Sri Shatrughan Prasad Pandey was not eligible to hold the post of Manager in view of the decision of this Court in the case of Committee of Management and Anr. v. State of Uttar.Pradesh. and Anr.(Writ Petition No. 66257 of 2008) decided on 14.7.2009 and in support thereof, he has relied upon a judgment of the Apex Court rendered in the case of Nand Deo Pandey Vs. Committees of Management and others, .

A perusal of the order dated 14th July 2009 shows that after recording a finding that the parties therein including Sri Pandey were not eligible for being elected as Manager and therefore, had quashed the order recognising the election and remanded it to the DIOS to hold fresh election after considering the eligibility criteria of the members of the Committee. Apparently in pursuance of the said order, fresh elections were held where Sri Pandey was elected as Manager and his signature was also attested and he is continuing, Though the legality of the Committee has been questioned by the rivals in a writ petition pending in this Court, neither the recognition has been set aside nor any interim order has been passed. Thus, Sri Pandey is functioning under a valid order as manager of the Committee of Management. So far as the ratio in the case of Nand Deo Pandey''s case (supra) is concerned, the facts were entirely different and the ratio will not apply in this case.

It is then urged that the DIOS has not recorded reasons for approving the said suspension and in support thereof, he has relied upon a Single Judge decision of this Court rendered in the case of Radhey Shyam Yadav v. DIOS, Shahjahanpur and Ors. [2008 (5) ESC 3096].

There is no quarrel with the ratio laid down in Radhey Shyam Yadav''s case (supra). However, the DIOS after considering the record has given reasons about the approval and as such the argument cannot be accepted.

No other point has been urged.

For the reasons above, no case for interference is made out. Rejected.

However, the Respondents are directed to conclude the enquiry within a period of six weeks from the date of submission of a certified copy of the order, provided the Petitioner co-operates.