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[2013(3) ADJ 64 (DB)]
ALLAHABAD HIGH COURT
BEFORE : ASHOK BHUSHAN AND ARUN TANDON, JJ.
Smt. MANJU AWASTHI AND OTHERS ....Appellants
Versus
STATE OF U.P. AND OTHERS .....Respondents
(Special Appeal No. 25 of 2006 with Special Appeal Nos. 170, 1468 of 2005, 842 of 2009, 1761 and 1957 of 2010, decided on 6th November, 2012)
(B) U.P. Intermediate Education Act, 1921—Sections 2(a) and 7(4), 7AA—Institution—Meaning of—Recognised Intermediate College—Up-gradation of Junior High School—A school (including Junior High School recognized under the U.P. Basic Education Act) to be recognized for the first time for the Board Examinations under the Act, 1921—An order was required to be made by the Board under Section 7 (4) of the Act, in respect of subjects or group of subjects, only then such school would answer the description of institution under Section 2 (b) of the Act. [As Per Hon’ble Arun Tandon, J.]. [Para 93]
(C) U.P. Intermediate Education Act, 1921—Sections 7-AA and 7-AB—Applicability of—The institution which were recognised for the first time under Section 7(4) of the Act, the provisions of Section 7-AA and 7-AB would not be applicable. [As Per Hon’ble Arun Tandon, J.]. [Para 95]
Key Points: - The word "institution" in Section 7A must be interpreted according to the definition in Section 2(b) of the Act, unless the context requires otherwise (!) (!) (!) . - Recognition under Section 7A is only for institutions already recognised under the Act; first-time recognition as a High School is governed by Section 7(4) and requires creation of a Head Master post under the 1921 Act and the 1982 Act (!) (!) (!) . - Part-time teachers or instructors can be employed under Section 7AA as an interim measure only after recognition under Section 7A, and such employment does not override the requirement of regular appointments through the Commission under the 1982 Act (!) (!) (!) .
Hon’ble Ashok Bhushan, J.—All these appeals filed against the various judgment and orders of Hon’ble Single Judge, have been heard together and are being decided by this common judgment. Although the main issues raised in the above appeals are common but Special Appeal No. 25 of 2006, Smt. Manju Awasthi v. State of U.P., is being treated as a leading appeal and pleadings and issues raised in the said appeals are being noted in some detail.
2. Special Appeal No. 25 of 2006 Smt. Manju Awasthi v. State of U.P., has been filed by two appellants namely; Smt. Manju Awasthi and Committee of Management Sri Dosar Vaish Balika Inter College Cantt. Kanpur Nagar against the judgment and order of Single Judge dated 22.11.2005, passed in writ petition No. 41420 of 2004, Dr. Smt. Sushila Gupta v. The Joint Director of Education and others; and writ petition No. 33360 of 2005, Dr. Smt. Sushila Gupta v. State of U.P. and others. Single Judge vide judgment and order dated 22.11.2005 allowed both the writ petitions, against which special appeal has been filed by Smt. Manju Awasthi and Committee of Management, Dosar Vaish Balika Inter College challenging the order passed by Single Judge in writ petition No. 33360 of 2005.
3. Brief facts giving rise to the writ petitions and thereafter Special Appeal No. 25 of 2006 now need to be noted. The institution Dosar Vaish Balika Junior High School was recognised as Junior High School within the meaning of U.P. Basic Education Act, 1972 and was also receiving grant-in-aid at Junior High School level. The institution was granted recognition as high school without finance (Vitta Vihin) under Section 7A (a) of U.P. Intermediate Education Act, 1921 (hereinafter referred to as ‘1921 Act’) on 1.8.1992. The High School was further recognised as Intermediate college in the year 1995 under Section 7A(a) of the Act. No posts were created either at a High School level or Intermediate level after the recognition under the 1921 Act. The permanent Head Mistress as well as other teachers of the Junior High School level continued to receive their salary under the grant-in-aid granted to the institution at Junior High School level. Permanent Head Mistress retired on 30.6.1999 thereafter senior most Assistant Teacher functioned as officiating head Mistress. Smt. Sushila Gupta, the respondent No. 5 to the appeal was next senior most teacher who was not given charge of the officiating head mistress by the management and management passed resolution dated 1.7.1992 giving charge to Smt. Shashi Prabha Misra as officiating Head Mistress whose signature was attested by the District Inspector of Schools on 10.7.2001. District Inspector of Schools passed an order on 16.7.2001 that Smt. Sushila Gupta would function as an officiating Head Mistress against which order, Smt. Shashi Prabha Misra filed writ petition being writ petition No. 30736 of 2001 in which an interim order was passed on 29.8.2001. The signature of Smt. Shashi Prabha Misra was attested on 6.9.2004 by the District Basic Education Officer and an advertisement was also issued by the management on 12.6.2004 inviting applications for appointment on the post of Head Mistress of Dosar Vaish Balika Junior High School. Smt. Sushila Gupta filed writ petition No. 41420 of 2004 in which an interim order was passed on 5.10.2004 restraining the respondents from proceeding with the advertisement. However, in special appeal No. 1393 of 2004 the interim order granted by Single Judge was modified to the extent that selection pursuant to the interim order shall go on and any appointment made shall be subject to the decision of the writ petition. Selection was thereafter held for the post of Head Mistress and Selection Committee recommended Smt. Manju Awasthi, which was also approved by the District Basic Education Officer on 25.2.2005. Smt. Sushila Gupta filed writ petition being writ petition No. 33360 of 2005 challenging the order of District Basic Education Officer approving
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