Hon’ble Pankaj Naqvi, J.—Heard Shri Ashok Khare, learned Senior Counsel assisted by Shri Praveen Kumar Srivastava, learned counsel for the petitioner; learned standing counsel for the State respondents and Shri Subhash Ghosh, learned counsel for respondent Nos. 5 and 6.

2. By means of the present petition, the petitioner essentially challenges an order of termination dated 23.10.2003 passed by respondent No. 5 whereby her services have been sought to be terminated.

3. The facts, as stated in the petition, are that in the city of Kanpur there is a minority institution, known as Kumari Udyan Girls Inter College, Ashok Nagar, Kanpur (for short ‘the institution’), to which the provisions of U.P. Intermediate Education Act, 1921 (hereinafter to as the ‘Act’) are applicable. The petitioner was appointed as a teacher on 1.7.1991. As the husband of the petitioner was assigned a foreign job in Nigeria, it impelled the petitioner to avail leave without pay, from 1.12.1999 to 31.3.2001 (sanctioned leave). She applied afresh for further leave on 23.1.2001 for the period 1.4.2001 to 31.3.2002 (sanctioned leave). She again applied for leave without pay on 24.5.2001 for the period 1.4.200