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2020 Supreme(All) 368
IN THE HIGH COURT OF ALLAHABAD
Sudhir Agarwal, Rajeev Misra, JJ.
C/M National Inter College and another - Petitioner
Versus
State Of U.P. And Others - Respondents
Writ -A No. - 9650 of 2018
Decided On : 22-04-2020
For the Petitioner:Radha Kant Ojha,(Sr. Advocate), Shivendu Ojha,
Point of Law:
Section 30 of Act, 1982, recruitment and selection of Teachers and Principals of Secondary Educational Institutions, which are established and administered by Minority, are not to be made by Selection Board under Act, 1982 but it continues to be governed by the provisions as existed under Act, 1921
Headnote:
U.P. Intermediate Education Act, 1921 – 32 writ petitions, mainly filed by Committees of Management of various Secondary Educational Institutions, common questions of law and facts have been raised. Broadly, challenge is to amendment made in Regulation-17, Chapter-II of Regulations framedunder U.P. Intermediate Education Act, 1921 (hereinafter referred to as 'Act, 1921'), notified vide Notification dated 20.03.2018 published in Official Gazette dated 24.03.2018 - petitioners have also challenged Government Order dated 12.03.2018 – Held, no Government Machinery has been given any power of interference but a private recruitment agency has to be employed. Its role is limited as it is only a written examination conducting body and has to prepare merit list on the basis of marks secured in written test and same to forward through educational authorities to the Management for holding selection in accordance with the statute. It is not in dispute that all the educational institution before this Court are 100 percent Government aided minority educational institutions and therefore, in view of aforesaid law laid down by Supreme Court, it cannot be said that statutory provision in question, in any manner, affects their right to administer minority institution and it cannot be said to be violative of Article 30 of the Constitution – Petition dismissed
Facts of the Case:
Notification dated 20.03.2018 published in Official Gazette dated 24.03.2018. The petitioners have also challenged Government Order dated 12.03.2018. Since relief prayed in all these writ petitions are broadly similar, the same have been heard together and are being decided by this common judgment.
Finding of the Court:
No Government Machinery has been given any power of interference but a private recruitment agency has to be employed. Its role is limited as it is only a written examination conducting body and has to prepare merit list on the basis of marks secured in written test and same to forward through educational authorities to the Management for holding selection in accordance with the statute. It is not in dispute that all the educational institution before this Court are 100 percent Government aided minority educational institutions and therefore, in view of aforesaid law laid down by Supreme Court, it cannot be said that statutory provision in question, in any manner, affects their right to administer minority institution and it cannot be said to be violative of Article 30 of the Constitution
Result: Petition dismissed
JUDGMENT :
Sudhir Agarwal, J.
1. Heard Sri Radha Kant Ojha, Senior Advocate, assisted by Sri Shivendu Ojha, Advocate, Sri Ashok Khare, Senior Advocate, assisted by Sri Aklank Kumar Jain, Sri Anurag Shukla, Advocate, Sri Jamil Ahmad Azmi, Advocate, Sri Syed Khursheed Anwar Alvi, Advocate, Sri Shailendra, Senior Advocate, assisted by Sri S.M. Iqbal Hasan, Advocate, for petitioners, and Sri Manish Goel, Additional Advocate General assisted by Sri Subhash Rathi, Additional Chief Standing Counsel for respondents.
2. In all these 32 writ petitions, mainly filed by Committees of Management of various Secondary Educational Institutions, common questions of law and facts have been raised. Broadly, challenge is to amendment made in Regulation-17, Chapter-II of Regulations framed under U.P. Intermediate Education Act, 1921 (hereinafter referred to as 'Act, 1921'), notified vide Notification dated 20.03.2018 published in Official Gazette dated 24.03.2018. The petitioners have also challenged Government Order dated 12.03.2018. Since relief prayed in all these writ petitions are broadly similar, the same have been heard together and are being decided by this common judgment.
3. Learned counsel for parties have agreed to treat Writ Petition (Writ– A) No. 9650 of 2018 as a leading writ petition and referred to the pleadings thereof while addressing this Court.
4. The relevant facts disclosed in the leading Writ Petition (Writ– A) No. 9650 of 2018 (hereinafter referred to as 'WP-1'), in brief, may be described as under.
5. WP-1 has been filed by Committee of Management, National Inter College, Shikarpur, Bulandshahr, stating that National Inter College, Shikarpur, Bulandshahr (hereinafter referred to as 'NIC Shikarpur'), is a minority Secondary Educational Institution, recognized by Board of High School and Intermediate Education, U.P. (hereinafter referred to as “U.P. Board”) and governed by the provisions of Act, 1921. It is imparting education upto Intermediate but aided upto High School level only. For the purpose of payment of salary to teaching and non teaching staff, upto High School, it is governed by the provisions of U.P. High Schools and Intermediate Colleges (Payment of Salaries to the Teachers and other Employees) Act, 1971 (hereinafter referred to as “Act, 1971”). It is stated that for selection of teaching staff including Principal, procedure has been provided under Section 16-E and 16-F of Act, 1921. Section 16-FF is an exception making provision for selection of teaching staff in Minority Educational Institutions and provides constitution of Selection Committee as also procedure for appointment. Regulations 10 to 17 provide procedure for appointment of Teachers and Principals in recognized Secondary Educational Institutions.
6. State Government issued an order dated 12.03.2018 stating that in exercise of powers under Section 16(2) of Act, 1921, Governor has approved amendment in Regulation-17 Chapter-II of Regulations framed under Act, 1921. Under the amended provision, selection of teaching staff is now to be made by a Private Agency through Joint Director of Education (hereinafter referred to as “JDE”) or District Inspector of Schools (hereinafter referred to as “DIOS”) and five names for each vacancy shall be recommended to the College, who will conduct interview and thereafter appointment will be made. It is said that this interference in the right of appointment of teaching staff is violative of Section 16-FF of Act, 1921 read with Article 29 of Constitution of India.
7. Petitioners, have prayed that Government Order dated 12.3.2018 be declared ultra vires, insofar as it relates to Regulation 17(D), Chapter-II of Regulations framed under Act, 1921, of Article 29 of Constitution of India and also Section 16-FF of Act, 1921. A mandamus has also been prayed that respondents should not implement or give effect to Government Order
