OM PRAKASH RANA Vs. SWARUP SINGH TOMAR

JUDGEMENT

(1.) The principal question in these appeals is whether, in view of the enactment of the U.P. Secondary Education Services Commission and Selection Boards Act, 1982 and the Rules framed thereunder, the provisions contained in S. 16-G(2)(c) of the U.P. Intermediate Education Act, 1921 and Regulations 55 to 62 in Chapter III of the Regulations framed under that Act in respect of the transfer of a Principal from one Intermediate College to another continue to be operative and effective.

(2.) The Intermediate Education Act, 1921 (shortly referred to as 'the Education Act') and the Regulations framed thereunder provide inter alia for the conditions of service of Heads and of the teachers of such educational institutions. The appointment of the Heads and of teachers of educational institutions in the State continued to be governed by the Education Act for several years, but with the passage of time it came to be felt that the selections of teachers under the provisions of that Act and the Regulations were not always free and fair and moreover the field of selection was greatly restricted. As this adversely affected the availability of suitable teachers and the standards of education the Government of Uttar Pradesh promulgated the U. P. Secondary Education Services Commission and Selection Boards Ordinance 1981 on July 10, 1981 with a view to establishing a Secondary Education Services Commission and six or more Secondary Education Selection Boards for the selection of teachers in institutions recognised under the Education Act. The Ordinance was replaced subsequently by the enactment of the U. P. Secondary Education Services Commission and Selection Boards Act, 1982 (conveniently referred to as 'the Services Commission Act'). Thereafter the State Government framed Rules for carrying out the purposes of the Act. It was some time before the Services Commission and the Selection Boards could be constituted and therefore a number of Removal of Difficulties Orders were made by the State Government pursuant to power conferred under the aforesaid Ordinance and thereafter under the Commission Act.

(3.) We propose to take the appeal filed by Om Prakash Rana against Swarup Singh Tomar (Civil Appeal No. 2072 of 1985) as representative of the factual context in which the appeals arise. The Veer Smarak Intermediate College is an educational institution in Baraut in the district of Meerut. It is an institution recognised under the provisions of the Intermediate Education Act. 1921. On June 30, 1982 the post of Principal of the College fell vacant on the retirement of the outgoing Principal, Jai Singh. The Committee of Management resolved that Bhopal Singh, the then Principal of the Adarsh Vedic Intermediate College. situated in the same district, should be invited to join the post of Principal in the College. It was intended that the vacancy should be filled in accordance with the provisions of the Education Act and the Regulations made thereunder which permitted the transfer of a Principal from one institution to another. As the transfer could be effected only with the approval of the District Inspector of Schools, an application was made to the District Inspector of Schools. He refused to grant approval. On July 13, 1982 the District Inspector of Schools directed the Committee of Management to give charge of the post of Principal to the respondent Swarup Singh Tomar as officiating Principal. Three days later, the District Inspector of Schools superseded that order and directed that the respondent Swarup Singh Tomar should be appointed as ad hoc Principal under the Removal of Difficulties Order issued under the Services, Commission Act. The Committee of Management of the College filed a writ petition in the Allahabad High Court against the order of the District Inspector of Schools. and during its pendency the High Court made an interim order in which it was recognised that Swarup Singh Tomar was functioning already as ad hoc Principal of the institution. About this time, the appellant Om Prakash Rana, who was Principal of the B. P. Intermediate College at Bijwara 'in the district of Meerut requested the Committee of Management of his College to relieve him in order to enable his transfer as Principal to the Veer Smarak Intermediate College. On November 22, 1982 the Committee of Management passed a resolution accordingly. On December 3, 1982 the Committee of Management of the Veer Smarak Intermediate College resolved on accepting the appellant as Principal of the College on transfer from the other institution. On February 19, 1983, the District Inspector of Schools accorded his approval to the transfer.