Point of Law: Right to administer is not absolute, but must be subject to reasonable regulations for the benefit of the institutions as the vehicle of education, consistent with national interest.

JUDGMENT :

(Saurabh Srivastava, J.)

1. Heard Shri Rahul Jain, learned counsel for the petitioner, Shri P.K. Yadav, learned counsel for the respondent nos. 3 and 5 and Shri Girjesh Tripathi, learned Standing counsel for the respondent nos. 1 and 2.

2. It is the case of the petitioner that he was rendering his services before the respondent no. 3 as an assistant teacher and as per the Intermediate Education Act, 1921 which has been regulated with the different amendment introduced by the State Government of U.P. from time to time the age of superannuation pertaining to the petitioner is 62 years, whereas he has been compelled to retire at the age of 60 years only. Having been aggrieved with the notice/order of retirement dated 10.12.2008 and the same is under challenge in the instant petition.

3. For substantiating the claim of the petitioner, the provisions of the regulation as well as the extent rules applicable over the petitioner has relied upon which is ensured by the legislation for each and every teacher imparting in the same services before the different institution recognized by the competent authority i.e. respondent no. 2.

4. Considering the provisions applicable over the petitioner and his specific letter dated 09.04.2009 has been issued by the respondent no. 2 in favour of respondent no. 3 and it has been clarified that the age of superannuation for the assistant teacher has already been declared through Government Order dated 27.02.2004 is 62 years and as such the committee of management of Saint Joseph's High School, Mahoba is hereby requested to ensure the retirement of the petitioner and after completion of the 62 years and the same has been appended along with the petition as Annexure No. 8.

5. Per contra, learned counsel for the respondent nos. 3 and 5 vehementally opposed the prayer as made in the petition on the ground that the committee of management is having the separate Rules in respect of the retirement of the assistant teacher were engaged in the institution on the term and condition which is admissible and applicable both of them, the term and condition is directly governed with the scheme of administration as adopted by the respondent no. 3 and the same has been approved by the Deputy Director Education (Madhyamik), Jhansi Division, District - Jhansi.

6. After having the rival contention has raised by the learned counsels for the respective parties along with the perusal of the letter of administration submitted by the learned counsel for the petitioner at the time of filing the rejoinder affidavit in reply to the counter affidavit preferred by the respondent no. 3 and 5 and the same has not been disputed at any point of time since the document appended as Annexure No. 2 to the rejoinder affidavit, wherein it is crystal clearly mentioned in the scheme of administration of the institution i.e. respondent nos. 3 and 5 at para 22 (iii) which is reproduced herein-below:

^^3- fo|ky; ds deZpkfj;ksa dk lsok dh ,DV rFkk jsX;qys'kUl ls fu/kkZfjr gksaxsA ;fn lsok ds fy, dksbZ le>kSrk gksxk] rks ;g mUgha va'k esa ekU; gksxk ftl va'k esa ,DV rFkk jsX;qys'kUl ds Áko/kkuksa ds vuqdwy gksxkA**

7. The definition of act and regulation is well defined under the clause 3 of the scheme of administration available under the definitions, Act means Intermediate Education Act, 1921 and Regulation, means all the Rules, instructions as well as Government Orders in shape of Act issued by Department of Education, State Government of U.P. from time to time.

8. The scheme of administration adopted by the respondent nos. 3 and 5 is such explanatory in respect of every affairs which is applicable over each and every employee of the institution and the same shall be governed with the strict provisions of the Intermediate Education Act, 1921 so far as the Government Orders and different other statutory provisions are concerned all shall be equally applicable over each and every employee irrespective of the institution governed under the min