Disposed

C/M Brahma Devi Amichand Kanya Inter College and Another v. State of U P and 3 Others

Allahabad HC23 May 2018WRIC/17977/2018

Case brief

AI extract

What is this about?

The petitioner challenged a notice requiring submission of records. Counsel conceded the relevant Salaries Act did not apply, allowing the state to transmit proceedings to the Director of Education who has power to inspect under the Intermediate Education Act. The petition was disposed of as nothing survived.

What did the court decide?

The writ petition stands disposed of as the proceedings were to be transmitted to the Director of Education who has powers of inspection.

C/M Brahma Devi Amichand Kanya Inter College and… — Education and Admissions | Allahabad HC (2018)

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Court No. - 19

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Case :- WRIT - C No. - 17977 of 2018

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Petitioner :- C/M Brahma Devi Amichand Kanya Inter College And Another Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Arvind Kumar Singh Counsel for Respondent :- C.S.C.

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Hon'ble Manoj Kumar Gupta,J.

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The petitioners have challenged the notice dated 10.5.2018 issued by District Inspector of Schools, Gautambudh Nagar calling upon the Manager of the institution to submit statement of income and expenditure, agenda register, election proceedings etc. before him on 14.5.2018. The challenge is on the ground that that the petitioner institution is a private selffinanced institution, not receiving any grant-in-aid from the State Government, consequently, the provisions of U.P. High School and Intermediate Colleges (Payment of Salaries to Teachers and other Employees) Act, 1971 are not applicable. It is urged that in such circumstances, the District Inspector of Schools has no power to compel the petitioner to produce the records relating to income and expenditure and other proceedings, before him. Counsel for the petitioner further submitted that respondent no.2 has illegally sealed the almirah containing the records of the institution.

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By order dated 18.5.2018, learned standing counsel was directed to obtain instructions in the matter.

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Today, when the matter is taken up, learned standing counsel, on instructions, very fairly concedes that the provisions of U.P. High School and Intermediate Colleges (Payment of Salaries to Teachers and other Employees) Act, 1971 being not applicable to the institution, the second respondent cannot compel the institution to submit the above mentioned records before him. He however submitted that under Section 16-D of the U.P. Intermediate Education Act, 1921, since the institution is a recognised one, the Director of Education has power to inspect the institution and to compel it to provide necessary information. The instruction further states that the impugned direction was issued on complaint of one Banshi Sharma, who is a class IV employee. His complaint was that the management has not paid his salary for last several months.

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Learned standing counsel very fairly states that the District Inspector of School will transmit the proceedings to the Director of Education for doing needful in the matter. He

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further points out that by communication dated 22.5.2018, the District Inspector of Schools has informed respondent no.2 that the lock of the almirah is being opened.

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Learned counsel for the petitioner does not dispute that the Director has power to inspect the institution and call for the records.

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In view of the above, nothing survives for being decided in the instant petition.

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The writ petition stands disposed of accordingly.

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(Manoj Kumar Gupta, J.)

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Order Date :- 23.5.2018

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skv

C/M Brahma Devi Amichand Kanya Inter College and Another v. State of U P and 3 Others

Case brief

What is this about?

What did the court decide?

C/M Brahma Devi Amichand Kanya Inter College and Another v. State of U P and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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