USHA KIRAN TYAGI Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri R.P. Dubey, Advocate for the petitioner, Shri S.G. Hasnain, Additional Advocate General, who is present on behalf of the Secretary, Secondary Education, U.P. Government, Lucknow and the Standing Counsel for the State.

(2.) Petitioner before this Court challenges the selections which have been made on the post of Principal (on regular basis) in Shree Diagember Jain Kanya Higher Secondary School, Deoband, District Saharanpur (hereinafter referred to as a 'school'). According to the petitioner, (who is also one of the candidates) there are serious infirmities in the selection. By means of an amendment application which was served on the Standing Counsel on 25th March, 2011, and which has been allowed, the petitioner further contends that the institution is not a minority institution and it is only because of the Government Order dated 9th June, 2004 that the said institution is being treated as a minority institution and is claiming privileges in the matter of appointment as Principal on substantive basis. He clarifies that under the Government Order dated 9th June, 2004 minority status has been conferred upon the school, which in turn is based on the recommendation of the Committee dated 2nd June, 2004 constituted under the Chairmanship of the Principal Secretary.

(3.) He submits that the same recommendations of the Committee dated 2nd June, 2004 and consequential Government Order dated 9th June, 2004 conferring minority status on one of the institutions was subject-matter of consideration in the case of Committee of Management, Inter College Dharaon District Chandauli v. State of U.P. and others,2006 8 ADJ 109. The Single Judge in paragraph 22 held that the order dated 9th June, 2004 had wrongly been passed on the basis of the recommendation of the Committee constituted under the Chairmanship of Principal Secretary, State Government dated 2nd June, 2004. The order of the Single Judge was subjected to challenge by way of Special Appeal No. 903 of 2006. The appeal was dismissed on 24th August, 2006 and the Division Bench after expressing its agreement with the reasoning given in the order of the Hon'ble Single Judge dated 13th June, 2006, further proceeded to hold that it was not within the competence of the State Government to confer any minority status on the schools. The State Government had hopelessly misconstrued the Constitution. The Division Bench went on to hold that the order of the State Government shows a complete misunderstanding of Article 30 of the Constitution of India, (the detail order of the Court shall be re- produced hereinafter). He submits that despite the said Division Bench judgment of the Court, the State authorities have not acted inconfirmity thereto and have permitted the schools covered by the same resolution dated 2nd June, 2004 to draw the benefits of minority status conferred thereon. The petitioner has questioned/challenged the action of the Government to treat the school as minority institution.