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SARAL SRIVASTAVA
Shiraze Hind Inter College – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
1. Heard Sri S.K. Om, learned counsel for the petitioners, learned Standing Counsel for respondent nos.1 to 3 and Sri Rahul Mishra, learned counsel for the respondent no.4.
2. The petitioner by means of the present writ petition has assailed the order dated 25.02.2021 passed by respondent no.3 by which he has stayed the order of termination of respondent no.4 subject to the decision of Criminal Case No.141 of 2020, under Sections 379, 419, 420 and 506 I.P.C. and directed the petitioner to submit salary bills of respondent no.4.
3. The petitioner is Committee of Management of Shiraze Hind Inter College, Murki, Kerakat, District Jaunpur (hereinafter referred to as 'college'). The said college is recognized and aided intermediate college governed by the provision of U.P. Intermediate Education Act, 1921 (hereinafter referred to as 'Act, 1921') and also U.P. Act No.24 of 1971. The petitioner claims that the college is a minority college and the provision of U.P. Secondary Education Services Selection Board Act, 1982 (hereinafter referred to as 'Act, 1982') is not applicable to the college being minority college.
4. The respondent no.4-Ashutosh Kumar Singh was appointed as Assist
Regulation 101 of the U.P. Intermediate Education Act, 1921 applies to minority institutions, mandating prior approval from the DIOS for non-teaching staff appointments to ensure compliance with stat....
The judgment established the applicability of the Tamil Nadu Private Colleges Regulation Act, 1976 to minority institutions and clarified the jurisdiction of the Tribunal to hear second appeals. It a....
The eligibility criteria for appointment as an Officiating/Incharge Principal of an Intermediate College recognized and governed under the Intermediate Education Act, 1921.
The right of minority institutions to establish and administer educational institutions includes the right to appoint staff, which cannot be restricted by government regulations.
The main legal point established in the judgment is that a minority institution is governed by some provisions of the Act and Rules, and the prior approval from the competent authority for terminatio....
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