Court No. - 6
Case :- WRIT - A No. - 11557 of 2021 Petitioner :- C/M Shri Raja Ram Inter College And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sudhir Dixit,Utkarsh Dixit Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Bhatia,J.
1. Heard counsel for the parties and perused the record.
2. The present writ petition has been filed alleging that the Respondent No. 5, who is working as Assistant Teacher (Arts) was permitted to appear in the examination of M.A. First Year by the Principal of the college, however, despite being employed in the college in question, he did not take permission from the Committee of Management prior to taking admission in M.A.
3. It is also argued that the permission obtained prior to taking admission in the first year is allegedly forged and this aspect has neither been considered while passing the impugned order nor the petitioner-management was heard.
4. This Court made a pointed query as to where are the requirements for obtaining permission from the Committee of Management, the counsel for the petitioner relied upon Chapter III Regulation 67 of Regulations under Intermediate Education Act, which is quoted hereinbelow:
"An employee may be permitted by the Management in accordance with instruction, if any, from the Director of Education, to prepare for and appear in academic training of professional examinations likely to improve his efficiency in teaching or administration."
5. Based upon the said, he argues that as the Respondent No. 5 had taken admission in MA First Year without taking the prior approval of the Committee of Management and the signatures relied upon by the Respondent No. 5 are forged.
6. It is argued that the Respondent No. 5 had approached this Court by filing a Writ Petition No. 15014 of 2020, which was disposed off with imparting the Respondent No. 3, District Inspector of Schools to take a decision in that regard. In terms of the said order dated 13.1.2021, the impugned order has been passed directing the management to include the qualification obtained by the Respondent No. 5 in the service record failing which action shall be taken under Section 16 D of Regulations under Intermediate Education Act.
7. The stand taken by the petitioner merits rejection, at the very outset, for the reason that the condition prescribed is not mandatory and is only directory. Even otherwise also, the District Inspector of Schools is not an authority competent to declare the signature as forged or otherwise, this Court has no hesitation that the petitioner-Committee of Management, for vested reasons, is trying to deny the inclusion of the qualification of the Respondent No. 5, who has only enhanced his qualification.
8. This Court finds the Petitioners No. 1 and 2 have acted with malafide intent against the Respondents No. 5, they are directed to take steps for including the qualification obtained by the Respondent No. 5 in the service records of the Respondent No. 5.
9. The said steps shall be taken within a period of three weeks from today.
10. A copy of this order be sent to the Respondent No. 3, District Inspector of Schools for its effective compliance failing which the Respondent No. 3 is directed to take steps under Section 16 D of Regulations under Intermediate Education Act against the Committee of Management.
11. This Court finds that the petitioners have misused its position by harassing the Respondent No. 5 and as such, the petition is disposed off with a cost of Rs. 10,000/- to be given by the Petitioner No. 2 from his personal funds to the Respondent No. 5.
12. The imposition of cost will not reflect on the counsel. It is on account of misconduct of the Petitioner No. 2 alone.
13. In case, the Petitioner No. 2 fails to deposit the amount, as directed above, within one month, the same shall be recovered from the Petitioner No. 2 as arrears of land revenue and a report to this effect shall be sent to this Court for placing the same in the record of the present writ petition.
14. The writ petition stands disposed off in terms of the said order.
15. Copy of the order downloaded from the official website of this Court shall be treated as certified copy of the order.
Order Date :- 23.9.2021/vinay