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2025 DIGILAW 617 (ALL)

Committee Of Management, Of Sri Bhagwan Din Singh Inter College v. State Of U. P.

2025-04-09

ASHWANI KUMAR MISHRA, DONADI RAMESH

body2025
JUDGMENT : 1. This appeal is by the committee of management challenging an order of the learned Single Judge, dated 23rd January, 2025; whereby a direction is issued to accord consideration to the proposal of managing committee for terminating the services of the respondent by the District Inspector of Schools. For such purposes reliance is placed by the learned Single Judge on Section 16-G(3)(a) of the U.P. Intermediate Education Act, 1921 (hereinafter referred to as 'the Act of 1921'). Learned Single Judge has observed that after the Uttar Pradesh Secondary Education Services Selection Boards Act, 1982 (hereinafter referred to as 'the Act of 1982') is repealed, the provisions of Section 21 , which provided for grant of approval to the order of termination by the Board is no longer available and, therefore, the only provision whereunder approval is required to be granted is Section 16-G(3)(a) of the Act of 1921. 2. Sri D.P. Singh, learned Senior Counsel for the appellant submits that after the Act of 1982 is repealed, there is no requirement of obtaining approval on the proposal of the managing committee for terminating the services of the teacher concerned. 3. Sri Vashishtha Tiwari and Sri Gaurav Bishan as well as Sri Arimardan Singh Rajpoot, learned State Counsel opposed such contention on behalf of the respondents. 4. Admittedly, the institution, herein, is a recognized intermediate institution. Section 2(b), defines institution to mean a recognized intermediate college under the provisions of the Act of 1921. Section 7(4) of the Act of 1921 provides for grant of recognition to the institution. The provisions of the Act of 1921, therefore, are applicable upon the institution in question. Section 16-G of the Act of 1921 deals with the conditions of service of the head of the institution, teachers and other employees. Section 16-G(3)(a) of the Act of 1921 reads as under:- "(3) (a) No Principal, Headmaster or teacher may be discharged or removed or dismissed from service or reduced in rank or subject to any diminution in emoluments, or served with notice of termination of service except with the prior approval in writing of the Inspector. The decision of the Inspector shall be communicated within the period to be prescribed by regulations." 5. The decision of the Inspector shall be communicated within the period to be prescribed by regulations." 5. The requirement of obtaining prior approval in terms of Section 16-G(3)(a) of the Act of 1921 was dispensed with after the enactment of the Act of 1982, whereunder such power of approval vested in the Board under Section 21 of the Act of 1982. The Act of 1982 is repealed by the Act known as Uttar Pradesh Education Service Selection Commission Act, 2023 (hereinafter referred to as 'the Act of 2023), enacted with effect from 21st August, 2023. 6. In the Act of 2023, there is no provision corresponding to Section 21 of the Act of 1982. The exigency dealt with under Section 16-G(3)(a) of the Act of 1921 is also not regulated by any provision of the Act of 2023. There is no provision under the new Act which excludes the applicability of the provisions of Section 16-G(3)(a) of the Act of 1921. 7. Once that be so, the specific exigency dealt with by Section 16-G(3)(a) of the Act of 1921 would continue to be regulated by such provision. This would be particularly so after the repeal of the Act of 1982. The learned Single Judge, therefore, has correctly observed that the question of approval to the resolution of the managing committee for terminating the services of the private respondent in the present appeal will have to be accorded consideration by the District Inspector of Schools, Prayagraj. 8. The special appeal lacks merit and is, accordingly, dismissed.