SHAMIM ZAFAR Vs. REGIONAL INSPECTRESS OF GIRLS SCHOOL

JUDGEMENT

(1.) ISMAIL Girls National Inter College, situate at Old Tahsil Meerut (in short 'college') before its upgradation to "Inter College" in 1977, was recognised as Higher Secondary School known as ISMAIL Girls Higher Secondary School, Old Tahsil, Meerut. The College is run by a society known as Mohd. ISMAIL Girls Association and the same is managed by a Committee of Management constituted in accordance with the scheme of administration approved under section 16-A of the U P. Intermediate Education Act, 1921 (hereinafter referred to as 'Act')

(2.) PETITIONER Smt Shamim Zafar was appointed as Head Mistress of the Institution with effect from 1-7-1966, by means of the letter dated 30-6-1966 and confirmed as such with effect from 1-7-1967. Upon the institution being upgraded to Inter College, the petitioner was appointed as its principal. She was dismissed from service vide letter dated 12/14-1-91 (Annexure 11 to the writ petition) issued in pursuance of the resolution passed in this regard by the Committee of Management in its meeting held on 12-1-1991. Dismissal was made operative from an anterior date i.e. 14-9-90 on which date the petitioner was placed under suspension. By means of the present petition, the petitioner has sought quashing of the order of her dismissal dated 12/14-1-1991 (Annexure 11 to the writ petition) and for a direction commanding the respondents to treat her in continuous service and pay to her the entire salary.

(3.) THE Enquiry Committee submitted its report dated 4-1-91 on the basis of which the petitioner, by means of the letter dated 4-1-91, was informed that the Committee of Management would meet on 12-1-91 at about 2 p.m. in the principal's chamber/office to consider the enquiry report. Accordingly, the petitioner was called upon to show cause as to why the recommendations made by the Enquiry Committee be not accepted and the punishment awarded accordingly. It was made clear that the petitioner may file her reply in writing and may also appear before the Committee to put forth her defence orally or in writing. A copy of the Enquiry report was also made available to the petitioner alongwith the said letter dated 4-1-1991.