JUDGMENT :

Order on C.M.An.782 of 2018 (Application for Condonation of delay): -

1. This is an application seeking condonation of delay in filing appeal.

2. We have gone through the affidavit filed in support of the application.

3. The cause shown for the delay is sufficient.

4. The application is allowed.

5. Delay in filing appeal is hereby condoned.

Order On the Special Appeal

1. By means of the instant intra court appeal, the appellant-petitioner has sought to challenge the judgment and order dated 12.09.2017 passed by an Hon'ble Single Judge dismissing Writ Petition No. 6630 (S/S) of 1996, which was filed by the appellant challenging his removal from a post of Lecturer in Christ Church College, Lucknow (which will hereinafter be referred to as ‘the college’), on the ground that the removal was done in violation of Section 16 G (3) of the U. P. Intermediate Education Act, 1921.

2. Briefly stated, the facts of the case are that the appellant had filed the Writ Petition pleading that he had been duly selected and was appointed as a Lecturer in Physics in the College and he had joined his duties on 07.10.1991. On 31.03.1992, the Principal of the College had lodged a First Information report against the appellant, bearing Case Crime No. 380/92 under Sections 504/506 of the Indian Penal Code in Police Station Hazaratganj, Lucknow, and the appellant was arrested on 16.07.1992. The appellant was granted bail on the same day but the Principal of the College did not permit him to resume his duties and said that he would not permit the appellant to resume his duties until he was acquitted of the charges. Ultimately the appellant was acquitted by means of a judgment dated 24.05.1996, but when he went to join his duties, the Principal of the college told him that another person had been appointed in place of the appellant and the appellant’s services had come to an end automatically with effect from 17.07.1992.

3. The appellant challenged the oral termination of his services mainly on the ground that before dispensing with his services, no approval required under Section 16 G (3) of the U. P. Intermediate Education Act was obtained.

4. The college filed a counter affidavit pleading that it is a minority institution recognized by the Indian Council for Secondary Education. It is a private institution which does not receive any financial assistance from the State Government and the State Government has no role to play in it. The provisions of the U. P. Intermediate Education Act are not applicable to the college. It was also stated in the counter affidavit that no selection was held for making appointment on the post of Lecturer and the petitioner personally made a request for his engagement and he was orally allowed to work temporarily on his personal request. The petitioner worked only for about four months and after he misbehaved with the Principal on 31.03.1992, he did not perform his duties even for a single day.

5. The Hon'ble Single Judge has relied upon the judgment of Hon'ble Supreme Court in case of Committee of Management, St. John's Inter College v. Girdhari Singh & Ors, (2001) 4 SCC 296 in which the Hon'ble Supreme Court has held that the provisions of Section 16 G (3) of the U. P. Intermediate Education Act, 1921 are not applicable to the minority institutions. The Hon’ble Single Judge also relied upon a decision of the Hon'ble Supreme Court in the case of Committee of Management, La Martinere College, Lucknow v. Vatsal Gupta & Ors., Civil Appeal No. 7030 of 2016 decided on 26.07.2016, wherein the Hon’ble Supreme Court declined to interfere in a judgment passed by this Court declining to entertain the writ petition filed against unaided minority private institution.

6. The Hon’ble Single Judge dismissed the Writ Petition as not maintainable, taking into consideration the plea taken in the counter affidavit that the College, Lucknow is a private minority institution recognized by Indian Council of Secondary Education and the writ petitio