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2001 Supreme(SC) 615

D.P.MOHAPATRA, G.B.PATTANAIK
St. John Inter College – Appellant
Versus
Girdhari Singh – Respondent


JUDGEMENT

Pattanaik, J.-This appeal is directed against the Judgement ofthe Allahabad High Court, allowing the writ petition filed by the private respondents. The respondents who were the employees of the appellant institution, filed the writ petition, challenging the orders of termination dated 13.1.1989 passed by the Management. The Sole ground of attack was that the prior approval of the competent authoroty, as required under section 16G(3)(a) of the Uttar Pradesh Intermediate Education Act, 1921 (hereinafter reffered to as the Act ), not having been taken, the order of termination, is invalid and inoperative. The High Court, following the majority judgement of the said court in the case of J.K. Kalra vs. R.I.G.S. and Ors.1 set aside the order of termination of the services of the private respondents, passed by the managing comitee. The institution is a minority institution within the ambit of Article 30 of the constitution, is not disputed. In the circumstances, the question that arises for consideration is whether thw provisions of section 16G(3)(a) of the act would have application to the minority institutions. The full bench of Allahabad High Court in Kalra in its majority j






























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