M. KATJU, N. K. MITRA
COMMITTEE OF MANAGEMENT, A. B. VIDYALAY INTER COLLEGE, KANPUR – Appellant
Versus
RAJ KUMAR SHUKLA AND OTHERS – Respondent
( 1 ) HEARD learned counsel for the parties.
( 2 ) IN the writ petition, the writ petitioner (respondent in this appeal) challenged his termination of service on the ground that no prior approval of the respondent No. 2 was taken and as such the termination order was bad in law.
( 3 ) THE learned single Judge allowed the writ petition relying on the Full Bench decision of this court in the case of Smt. J. K. Kalra v. R. I. C. S. . 1996 (3) UPLBEC 169, The writ petitioner was a lecturer in a minority institution and the learned single Judge, relying on the aforesaid Full bench decision, held that before terminating his service, approval of the authority concerned had to be obtained. In J. K. Kalras case (supra), the Full Bench held that it was incumbent upon the management of a minority institution to obtain the approval from the concerned District inspector of Schools before terminating the service of a teacher, and in the absence of the same, the order of termination will be illegal.
( 4 ) LEARNED counsel for appellant has referred to the latest decision of the Supreme Court in yunus All Sha v. Mohamed Abdul Kalam and others. JT 1999 (3) SC 32,
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