IN THE HIGH COURT OF ALLAHABAD
PRADEEP KUMAR SINGH BAGHEL, J.
C/M Digamber Jain Inter College And Another - Petitioner
Versus
State of U.P. And 2 Others – Respondent
WRIT - A No. - 5887, 1438, 27537 of 2017
Decided On : 03-11-2017
Compassionate Appointment - Minority Institution - U.P. Intermediate Education Act, 1921, U.P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and Other Employees) Act, 1971 - Regulations 102 to 107 - The court discussed the provisions of compassionate appointment in minority institutions under the U.P. Intermediate Education Act, 1921 and the U.P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and Other Employees) Act, 1971. It highlighted the exemption of minority institutions from certain regulations and the applicability of compassionate appointment regulations to such institutions. The court also emphasized the need for regulations to ensure the welfare of teachers and the administration of minority institutions.
Fact of the Case:
The case involved petitions related to the appointment on compassionate ground in a recognized minority institution receiving financial aid from the State. The petitioners, Committee of Management of an Intermediate College, sought to quash orders directing the appointment of a third respondent on compassionate grounds. The third respondent also filed a petition for a direction to ensure his appointment as Assistant Teacher.
Finding of the Court:
The court found that the regulations for compassionate appointment in minority institutions were applicable and did not interfere with the rights of minorities under Article 30 of the Constitution. It held that the appointment of a dependent of a teacher/staff on compassionate grounds did not obstruct the administration of the minority institution. The court also noted discriminatory actions by the Management and dismissed the petitions filed by the Committee of Management while allowing the petition of the third respondent for appointment.
Issues: The issues involved the applicability of compassionate appointment regulations to minority institutions, the interference with the rights of minorities under Article 30 of the Constitution, and the discriminatory actions of the Management.
Ratio Decidendi: The court's decision was based on the interpretation of the U.P. Intermediate Education Act, 1921, and the U.P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and Other Employees) Act, 1971, along with the Regulations 102 to 107. It emphasized the need for regulations to ensure the welfare of teachers and the administration of minority institutions, while also highlighting the non-interference of compassionate appointment regulations with the rights of minorities under Article 30 of the Constitution.
Final Decision: The court dismissed the petitions filed by the Committee of Management and allowed the petition of the third respondent for appointment on compassionate grounds, directing the District Inspector of Schools and the Committee of Management to ensure the joining of the third respondent within six weeks.
PRADEEP KUMAR SINGH BAGHEL, J.
1. All the three petitions involve similar question of law, therefore, they are being disposed of by this common judgment.
2. The petitioners in two of the writ petitions i.e. Writ-A No. 27537 of 2017 and Writ-A No. 5887 of 2017 are Committee of Management of an Intermediate College. The petitioners in these two writ petitions are praying for issuance of a writ of Certiorari for quashing the orders dated 6.6.2017 and 3.10.2016 respectively passed by the District Inspector of Schools (The DIOS) whereby he has directed the petitioner-Committee Management for the joining of the third respondent - Prateek Jain on compassionate ground on the post of the Assistant Teacher. Prateek Jain has also filed one of the writ petitions i.e. Writ-A No. 1438 of 2017 for issuance of a direction upon the District Inspector of Schools to ensure his joining as Assistant Teacher on compassionate ground.
3. All the above petitions relate to the appointment on compassionate ground in a recognized minority institution which receives financial aid from the State. The case arose in the following circumstances.
4. Digamber Jain Inter College, Baraut, Bahpat (The Institution) is recognized by the U.P. Board of High School and Intermediate Education (The Board). The State has enlisted it for financial aid. It was declared a minority institution by the State Government vide order dated 9.6.2000. Its affairs are run and conducted by the petitioner-Committee of Management. The Institution is governed under the provisions of the U.P. Intermediate Education Act, 1921 (U.P. Act No. II of 1921) (Act, 1921) and the U.P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and Other Employees) Act, 1971 (The Salaries Act, 1971).
5. One Virendra Kumar Jain was a lecturer in the Institution. He unfortunately died on 25.5.2014 while in harness. His son, the third respondent-Prateek Jain, made an application on 30.5.2014 for compassionate appointment in the Institution. Later, he moved another application seeking his appointment to the post of Assistant Teacher as in the meantime he had completed B.Ed. Course in the year 2015. In his application the third respondent had shown his qualification B.Com., M.B.A., M.Com. and B.Ed, which was forwarded by the Principal of the Institution to the District Inspector of Schools on 20.6.2016. He also made a representation before the District Inspector of Schools for his appointment as an Assistant Teacher.
6. On 3.10.2016 the District Inspector of Schools made a recommendation in favour of the third respondent for his appointment on the post of Assistant Teacher in the Institution. The Committee of Management of the Institution did not issue appointment letter in his favour. When the order of the DIOS was not complied with, the third respondent preferred Writ Petition No. 1438 of 2017 before this Court for a direction upon the petitioner/ the Management to offer him appointment in terms of the order passed by the District Inspector of Schools.
7. The Committee of Management also challenged the order dated 3.10.2016 passed by the DIOS by means of Writ Petition No. 5887 of 2017 for quashing the said order. While entertaining the petition on 8.2.2017 the Court did not grant any interim order, however, it made it clear that the appointment of the third respondent shall abide by the decision of the writ petition.
8. The order dated 3.10.2016 was also challenged by one Nishant Jain, a prospective candidate, by means of Writ-A No. 2718 of 2017. No interim order was granted by the Court, however, it was provided in the order dated 19.1.2017 that in case any appointment letter is issued by the Committee of Management to Prateek Jain (third respondent herein) in pursuance of the recommendation made in his favour the same shall be subject to final decision in the said writ petition.
9. In spite of the fact that this Court in Writ-A No. 5887 of 2017 has not passed any interim order and the mat
C/M Sukmi Lila Shah Adarsh Sindhi Inter College v. State of U.P. & others
Sanjeev Kumar Dubey v. DIOS, Etawah and others
Modern Dental College and Research Centre and others v. State of Madhya Pradesh and others
Ahmedabad St. Xavier’s School v. State of Gujarat
Frank Anthony Public School v. Union of India & others
P.A. Inamdar v. State of Maharashtra 2005 (6) SCC 537
Secretary, Malankara Syrian Catholic College v. T. Jose
Sindhi Education Society v. Chief Secretary, Government of NCT of Delhi and others
AI
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.