Heard Sri Aniruddh Sharma, Advocate holding brief of Sri H.N. Sharma, learned counsel for the petitioner, Sri Rajeev Joshi, learned counsel appearing on behalf of respondent nos.1 and 2 and Ms. Suman Sirohi, learned Station Counsel appearing on behalf of the respondent no.3.
It appears that the petitioner was a Teacher in Krishna Bal Madir High School, Amroha, district Jyotiba Phule Nagar, a recognized institution being managed by the committee of management. It is not a Government aided institution. It appears that the petitioner has been suspended vide order dated 09.12.1997 and later on after making proper inquiry her services has been terminated vide order dated 21.08.1998 passed by the committee of management. It appears that the petitioner approached to the District Inspector of Schools, Amroha against the termination order. The District Inspector of Schools, Amroha vide order dated 27.08.1998 has observed that the institution is un-aided and a recognized institution therefore, before passing the suspension or termination order the approval of the District Inspector of Schools, Amroha should be taken. He further observed that in respect of the allegations made against the petitioner in respect of misplaced answer sheets, the petitioner has been discharged from the charges by the Court and, therefor, the termination of the services of the petitioner is contrary to Section 16(3)(K) of U.P. Intermediate Education Act, 1921 (hereinafter referred to as "Education Act, 1921") and accordingly, set aside the termination order and directed the committee of management to reinstate the petitioner.
By means of the present writ petition, the petitioner is seeking a direction to the respondent nos.1 and 2 to obey and implement the order dated 27.08.1998 of the District Inspector of Schools, Amroha, district Jyotiba Phule Nagar.
Sri Rajeev Joshi, learned counsel appearing on behalf of respondent nos.1 and 2 submitted that the institution is unaided primary institution and, therefore, the provisions of Education Act, 1921 does not apply. He further submitted that under the Basic Education Act or under the Education Act, 1921 the District Inspector of Schools has no power to entertain the appeal of terminated teacher and has no power to set aside the termination order and direct for reinstatement. Therefore, the order of the District Inspector of Schools is patently without jurisdiction and could not be enforced. The alleged order of the District Inspector of Schools dated 27.08.1998 has been passed without giving opportunity of hearing to the committee of management. The committee of management has filed the representation dated 05.09.1998 before the District Inspector of Schools, Amroha, annexure-CA-3 to the counter affidavit, which is still pending consideration.
Ms. Suman Sirohi, learned Standing Counsel submitted that neither under the Basic Education Act nor under the Education Act, 1921 the terminated teacher has any right to file appeal before District Inspector of Schools nor the District Inspector of Schools has any right to entertain any representation or appeal and has no power to set aside the termination order and direct for reinstatement.
I have considered the rival submissions and perused the impugned order.
Krishna Bal Mandir High School is unaided primary institution, which has been later on upgraded to the High School. Neither under Basic Education Act nor under the Education Act, 1921 any right has been given to the terminated teacher to file any representation/appeal before the District Inspector of Schools nor the District Inspector of Schools has given any power to entertain the appeal or representation against the termination order and set aside the same and direct for reinstatement. The order of the District Inspector of Schools dated 27.08.1998 passed by District Inspector of Schools, Amroha is without jurisdiction and could not be implemented.
In view of the above, the mandamus sought by the petitioner in the writ petition can not be issued. The writ petition is devoid of merit and is accordingly, dismissed.
Order Date :- 8.10.2012 R./