Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2006 Supreme(SC) 750

2006(8) Supreme 336
SUPREME COURT OF INDIA
(From Allahabad High Court)
S.B. Sinha and Dalveer Bhandari, JJ.
Committee of Management Kanya Junior High School Bal Vidya Mandir, Etah, U.P.—Appellant
versus
Sachiv, U.P. Basic Shiksha Parishad, Allahabad, U.P. & Ors.—Respondents
Civil Appeal No. 9595 of 2003
Decided on 21-8-2006
Counsel for the Parties :
For the Appellant : R.B. Mehrotra, Sr. Advocate, Rajesh, Advocate .
For the Respondents : Mrs. Shobha Dikshit, Subodh Markandeya, Sr. Advocates, Mohd. Tahir Siddiqui, F.K. Jha, Mrs. Indu Misra, Ms. Chitra Markandeya, Mrs. Vibha Arora and Bhishmendra Pratap Singh Shakya, Advocates.

IMPORTANT POINT :
Jains have a right to establish and administer their own institution. But, only because an institution is managed by a person belonging to a particular religion, the same would not ipso facto make the institution run and administered by a minority community. A minority is determinable by reference to the demography of a State.

Headnote:(i) SERVICE LAW—Uttar Pradesh Recognized Basic Schools (Junior High Schools) (Recruitment and Conditions of Services of Teacher) Rules, 1978—Rule 16—Uttar Pradesh Recognized Basic School (Recruitment and Conditions of Service of Teachers and other Conditions) Rules, 1975—Rule 11—Dismissal and Removal of Teachers of a minority institution—No requirement of prior approval of the District Basic Education Officer for terminating services of a teacher in a minority institution—Respondent 3, working as an Assistant Teacher in a school established and administered by the Jain Community which has been recognized as a minority community by the State—Charges levelled against respondents of indiscipline unanimously proved—Removal from service of school—Order of termination passed by the Managing Committee was without taking approval from the District Basic Education Officer—Institution has been accorded status of a minority institution—Whether Division Bench of the High Court was justified in holding that no prior approval of the District Basic Education Officer for terminating services of a teacher in a minority institution is required to be taken—(Yes).(Paras 12, 14 & 15)
       (ii) Constitution of India—Articles 25 to 30—Minority community—Jain community—Status of—Government of Madhya Pradesh, by a notification dated 29-5-2001, declared the Jain community in the State as a minority community—Institution established and administered by the Jain community which is recognized as minority by the State Government from the date of its establishment continuously for 25 years—Whether the said benefit could be nullified by the Single Judge who had ignored the specific finding of the Division Bench—(No).
       Held : Jain religion indisputably is not a part of Hindu religion. The question as to whether the Jains are part of the Hindu religion is open to debate. Jains have a right to establish and administer their own institution. But, only because an institution is managed by a person belonging to a particular religion, the same would not ipso facto make the institution run and administered by a minority community. A minority is determinable by reference to the demography of a State. Whether an institution is established and administered by a minority community or not may have to be determined by the appropriate authority in terms of the provisions of the statute governing the field. Furthermore, minority institutions are not immune from the operations of the measures necessary to regulate their functions. To what extent such regulations would operate, however, again is a matter which would be governed by the statute.(Para 56)
       Minority communities do not have any higher rights than the majority. They have merely been conferred additional protection. (Para 57)
       In the instant case, the State at one point of time accepted the school in question as having been established and administered by the Jain community which is a minority community in the State of Uttar Pradesh. It was recognised as such by reason of a Division Bench judgment of the High Court of Judicature at Allahabad. There was, thus, no reason for the authorities of the Respondents to take steps in relation to the self-same institution in a different manner.(Para 60)
       Indisputably, under the statute governing the field, prior approval of the District Basic Education Officer was not necessary before terminating the services of a teacher. As the appellants institution was recognised as a minority institution, in our opinion, the High Court was not correct in interfering in the manner it did.(Para 61)

JUDGMENT

Dalveer Bhandari, J.—This appeal is directed against the judgment and order dated 10.4.2003 passed by the High Court of Judicature at Allahabad in Civil Writ Petition No. 15255 of 2003.

2. Respondent no. 3 Smt. Santosh Upadhyay was working as an Assistant Teacher in the Kanya Junior High School Bal Vidya Mandir, Etah. A letter dated 8.9.2001 in the form of a show-cause-notice was sent to respondent no. 3 by the Principal of the school directing her to stop her acts of indiscipline. The letter dated 8.9.2001 reads as under:

"(Minority Institution)

G. Jr. High School Bal Vidya Mandir, Etah

(Permanently Recognized from Government for the Class from Nursery to VIIIth)

From :

Principal

To:

Smt. Santosh Upadhyay, Asstt. Teacher, G. Jr. H. School, Bal Vidya Mandir, Etah

Dated: 8.9.2001

Subject: Regarding indiscipline etc.

Madam,

You are not complying with the following instructions despite number of oral as well as written orders:-

1. Refusal to sign on the Order Register and on other information etc.

2.Laxity in teaching work.

3.Non performing the duties of your charge.

4.Use of indecent language and shouting for giving reply.

5.Using caste related words to spoil the atmosphere.

6.Instigating other teachers and provoking them to neglect their duties.

7.Non-cooperation in the development of school and increasing the number of students.

8.Threats to me (Principal) for dire consequences, in my office and also giving threats on my residential telephone through other unsocial elements.

I hereby give you this last warning to improve your attitude and work as a model teacher. Please note that earlier also your services had been terminated because of such type of your attitude and you had been reinstated in the service after your apologizing and you had assured that you will never repeat such mistakes and indiscipline in future.

Therefore, being the Principal of School, I advise you to stop these acts of indiscipline and work as a model teacher.

Yours faithfully,

Sd/-

(Smt. Kusum Sharma)

Principal

G. Jr. High School, Bal Vidya Mandir, Etah

Copy forwarded to following for information and necessary action:-

1. Manager, G. Jr. H. School, Bal Vidya Mandir, Etah

2.District Basic Education Officer, Etah

Sd/-

(Smt. Kusum Sharma)

Principal

G. Jr. High School, Bal Vidya Mandir, Etah"

The appellant did not receive any satisfactory reply from respondent no. 3 and on 24.9.2001 a suspension order was passed. The suspension order dated 24.9.2001 reads as under:

"G. Jr. High School Bal Vidya Mandir, Etah

(Permanently Recognized from Government for the Class from Nursery to VIIIth)

From :

Manager

To:

Smt. Santosh Upadhyaya, Asstt. Teacher, G. Jr. H. School, Bal Vidya Mandir, Etah

Dated: 24.9.2001

ORDER

Consequent upon not receiving the satisfactory reply for the following charges, Smt. Santosh Upadhyaya, A.T., Girls Junior High School, Bal Vidya Mandir, Etah is placed under suspension with immediate effect. The charge-sheet will be issued after the detailed enquiry, within two weeks period.

1.Refusal to sign on the Order Register and on other information etc.

2.Laxity in teaching work.

3.Non-performing the duties of your charge.

4.Use of indecent language and shouting for giving reply.

5.Using caste related words to spoil the atmosphere.

6.Instigating other teachers and provoking them to neglect their duties.

7.Non-cooperation in the development of school and increasing the number of students.

8.Threats to the Principal for dire consequences and also giving threats on her residential telephone through other unsocial elements.

During the period of suspension, you will be entitled to get Subsistence Allowance according to the Rule 53 of Financial Hand Book Part 2 (Part 2 to 4). During the period of suspension, you will remain attached with S.K.S. Girls Junior High School, Etah.

Sd/-

(Dev Rishi Jain)

G. Jr. High School, Bal Vidya Mandir, Etah

Endst. No. 1-5/2001-2002 Dated: 24.9.2001

Copy forwarded to following for information and necessary action:-

1.Smt. Santosh Upadhyaya, A.T., G. Jr. High School, Bal

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2006 Supreme(SC) 750

Cases Referred (7)