Heard Sri A. K. Goyal, learned counsel for the petitioner and Sri Ashok Khare, learned Senior Advocate, assisted by Sri V. K. Singh for the respondent no. 3.
Petitioner a minority institution has approached this Court challenging the order dated 15.4.2011 passed by the District Inspector of Schools, Meerut disapproving the resolution dated 24.1.2011 dismissing the respondent no. 3 from service.
It is contended that in view of the law laid down by the Hon'ble Apex Court in the case of C/M. St. John Inter College Vs. Girdhari Singh and others, AIR 2001 SC 1891, termination of an employee of a minority institution does not require approval as provided under Section 16-G (3) (a) of the U. P. Intermediate Education Act or by Selection Board as provided under U. P. Act No. 5 of 1982 and thus, the impugned order is totally without jurisdiction. The Hon'ble Apex Court in the case of C/M St. John Inter College (supra) has observed as under :
"Mr. Sharma, appearing for the respondents, vehemently urged before us that though for all other institutions, the power of approval or disapproval against an order of termination of an employee of an aided educational institution had been vested with the Selection Board under U. P. Act No. 5/82, but in respect of the minority institution, it must be held to have been vested with the Inspector/Inspectress and that power still vested with those authorities, notwithstanding the coming into force the U. P. Act 5/1982. We are unable to accept this submission, as in our view, there cannot be any rational for conferring the power of approval or disapproval of anj order of termination of an employee of a minority institution with the Inspector/Inspectress and with all other institutions with the Service Selection Board. Having conferred the power of approval/disapproval with the Selection Board under U. P. Act 5/82, the legislature made it crystal clear by inserting Section 30 therein which states : "Nothing in this Act shall apply to an institution established and administered by a minority referred to in Clause (1) of Article 30 of the Constitution of India. The legislative intent is thus apparent that the legislature never intended to subject the order of termination of an employee of a minority institution to the approval/disapproval of the Selection Board. In this view of the matter, it is difficult for us to hold that an order of termination of an employee of a minority institution cannot be given effect to, unless approved by either the Inspector/Inspectress, as provided in Section 16-G (3) (a) or by the Selection Board, as provided under U. P. Act 5/82. Under the provisions, as it stand, the conclusion is irresistible that question of prior approval of the competent authority in case of an order of termination of an employee of a minority institution does not arise. In the aforesaid premises, the majority view in the Full Bench judgment of Allahabad High Court is set aside and this appeal is allowed. The writ petition filed, stands dismissed."
In view of the settled legal proposition by the authoritative pronouncement of the Hon'ble Apex Court, the impugned order passed by the District Inspector of Schools, Meerut is not liable to be sustained and is hereby quashed. The writ petition stands allowed. However, it shall be open to the respondent no. 3 to challenge the resolution terminating his services by taking appropriate proceedings before appropriate forum.
Order Date :- 17.5.2011 Dcs