IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, NAVNEET KUMAR, JJ.
Rizwana Khatoon, wife of Asrar Ahmad – Appellant
Versus
The State of Jharkhand – Respondent
L.P.A. No.421 of 2022, L.P.A. No.441 of 2022, L.P.A. No.506 of 2022 With I.A. No.9884 of 2022, L.P.A. No.133 of 2023 With I.A. No.4113 of 2023
Decided on : 01-08-2023
kj[kaM jktdh;d`r ek/;fed fo|ky; - Regulatory Act Applicability - Bihar Non-Government Secondary Schools (Taking over of Management and Control) Act, 1981, Article 166(3) of the Constitution of India - The court discussed the applicability of the Bihar Non-Government Secondary Schools (Taking over of Management and Control) Act, 1981, and Article 166(3) of the Constitution of India in the context of the appointment of teachers in minority aided schools. The court emphasized that the Act is regulatory in nature and clarified its implications, highlighting that the State Government's role is to ensure educational standards and not interfere with the management's right to administer a minority school.
Fact of the Case:
The court analyzed the applicability of the Bihar Non-Government Secondary Schools (Taking over of Management and Control) Act, 1981, and Article 166(3) of the Constitution of India in the context of the appointment of teachers in minority aided schools. It discussed the circular dated 14.06.2008 and the communication dated 09.12.2010, and their impact on the approval of services of the writ petitioners. The court also considered the judgment passed in a related case and the issue of per incuriam.
Finding of the Court:
The court found that the communication dated 09.12.2010 cannot be construed as a policy decision of the State Government and that the Act, 1981 is regulatory in nature, aiming to ensure educational standards without interfering with the management's right to administer a minority school. It also concluded that the judgment passed in a related case was not applicable to the current case.
Issues: The issues revolved around the applicability of the Act, 1981, and Article 166(3) of the Constitution of India, the impact of the circular dated 14.06.2008 and the communication dated 09.12.2010 on the approval of services of the writ petitioners, and the consideration of the judgment passed in a related case.
Ratio Decidendi: The court's decision was based on the interpretation of the Act, 1981, and Article 166(3) of the Constitution of India, as well as the implications of the circular dated 14.06.2008 and the communication dated 09.12.2010. It also considered the issue of per incuriam and its relevance to the current case.
Final Decision: The court quashed and set aside the order passed by the learned Single Judge in W.P.(S) Nos.2857 of 2016, 3522 of 2016, 3310 of 2016 and 3163 of 2016, and allowed the instant appeals. The writ petitions were also allowed, and the respondents' authorities were directed to take follow-up action within three months from the date of receipt/production of the order.
JUDGMENT :
Sujit Narayan Prasad, J.
I.A. No.9884 of 2022 in L.P.A. No.506 of 2022
1. This interlocutory application has been preferred under Section 5 of the Limitation Act for condoning the delay of 118 days in preferring this Letters Patent Appeal.
2. Heard.
3. In view of the submissions made on behalf of the parties and the averments made in the interlocutory application, we are of the view that the appellant was prevented by sufficient cause in preferring the appeal within the period of limitation.
4. Accordingly, I.A.No.9884 of 2022 is allowed and delay of 118 days in preferring the appeal is condoned.
I.A. No.4113 of 2023 in L.P.A. No.133 of 2023
5. This interlocutory application has been preferred under Section 5 of the Limitation Act for condoning the delay of 245 days in preferring this Letters Patent Appeal.
6. Heard.
7. In view of the submissions made on behalf of the parties and the averments made in the interlocutory application, we are of the view that the appellant was prevented by sufficient cause in preferring the appeal within the period of limitation.
8. Accordingly, I.A.No.4113 of 2023 is allowed and delay of 245 days in preferring the appeal is condoned.
L.P.A. No.421 of 2022, L.P.A. No.441 of 2022, L.P.A.No.506 of 2022 & L.P.A. No.133 of 2023
9. All the appeals since arise out of common order having the identical issue, therefore, the same is being heard with the consent of the parties.
10. The intra-court appeals preferred under Clause-10 of Letters Patent is directed against the common order/judgment dated 21.06.2022 passed by the learned Single Judge of this Court in W.P.(S) Nos.2857 of 2016, 3522 of 2016, 3310 of 2016 and 3163 of 2016, whereby and whereunder, the decision has been taken in memo no.908 dated 28.04.2016 issued by the Director (Secondary Education), Jharkhand, by which, the approval of appointments on the post of Assistant Teachers in the concerned Government aided minority school was rejected, has been refused to be interfered with by dismissing the writ petitions.
11. The brief facts of the case, as per the pleading made in the writ petitions, which are required to be enumerated reads as under :
12. It is the case of the writ petitioners that the school management committee of Rayeen Urdu Girls +2 High School, Ranchi and Carmel Girls High School, Hazaribag, a Government aided minority school, after following the guidelines issued from time to time by the Government of Jharkhand, published an advertisement in Daily Prabhat Khabar on 17.01.2010, 22.05.2011 and 19.06.2009, seeking applications from experienced graduate candidates with B.Ed. (Urdu knowing) for appointment to the post of Teacher in different subjects in the said school. The writ petitioners, being eligible in all respects, applied for appointment to the post of Teacher. The writ petitioners appeared and qualified in the test conducted by the school management. Thereafter, appointment letters were issued to the writ petitioners Rizwana Khatoon and Kaneez Fatma on 12.2.2010 and 18.2.2010 respectively and they joined on 20.02.2010. Similarly, appointment letters were issued to the writ petitioners, namely, Wajda Tabassum and Sushma Toppo on 21.6.2011 and 04.07.2009 and they had joined on 22.6.2011 and 06.07.2009 respectively. Therefore, the Secretary of the concerned Schools sent proposal to the Director, Secondary Education, Ranchi and District Education Officer, Hazaribag for giving approval of writ petitioners’ appointment as Teacher. However, finally vide impugned letter dated 28.4.2016, the cases of the writ petitioners for approval of their appointments, have been rejected by the respondent no.2, which is contrary to the decision of Government contained in Memo No.34 dated 13.01.1986.
13. It appears from the factual aspects that all the writ petitioners have been appointed by the decision of the Managing Committee of Rayeen Urdu Know
All Bihar Christian Schools Association and Anr. Vrs. State of Bihar & Ors.
Dr. Preeti Srivastava & Anr. Vs. State of M.P. & Ors.
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Regulation 101 of the U.P. Intermediate Education Act, 1921 applies to minority institutions, mandating prior approval from the DIOS for non-teaching staff appointments to ensure compliance with stat....
The eligibility criteria for appointment as an Officiating/Incharge Principal of an Intermediate College recognized and governed under the Intermediate Education Act, 1921.
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