Court No. - 33
Case :- WRIT - A No. - 7120 of 2021 Petitioner :- C/M, Janta Adarsh Inter College And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Nand Lal Pandey,Suyash Pandey Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner before this Court is the committee of management of Janta Adarsh Inter College, Kapsad, District Meerut. It is a recognised institution under the provisions of the U.P. Intermediate Education Act, 1921 and the provisions of Payment of Salary Act, 1971 are also applicable.
It appears that the petitioner has resolved to remove respondent no. 4 from the post of Lecturer in Economics and the matter has been forwarded for grant of approval of Board in terms of Section 21 of the U.P. Secondary Education Services Selection Board Act, 1982. Grievance is that though the matter has been referred to the Board on 8.9.2020 but till date no decision has yet been taken.
Considering the nature of order proposed to be passed, notices need not be issued to respondent no. 4 and the writ petition is being disposed of after hearing learned Standing Counsel and Sri Akash Rai, learned counsel for the respondent-Board.
A perusal of the record would go to show that the District Inspector of Schools, Meerut has forwarded papers on 8.9.2020 to the Board in respect of the petitioners' resolution to terminate the services of respondent no. 4.
In view of the law settled, the Board is required to afford an opportunity of hearing to the teacher who is proposed to be terminated.
Writ petition, accordingly, stands disposed of with a direction upon respondent no.2 to take a final decision in the matter after affording an opportunity of hearing to respondent no. 4 and the present petitioners, by passing a reasoned order, within a period of 4 months from the date of presentation of copy of this order.
It is made clear that so long as approval is not granted, respondent no.4 shall be entitled to all privileges admissible in accordance with law.
Order Date :- 29.7.2021 n.u.