SIBTE HASAN Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri N.A. Khan, learned counsel appearing on behalf of the petitioner, Sri Irshad Ali, learned counsel appearing on behalf of respondent no. 4 and learned Standing Counsel appearing on behalf of respondent nos. 1, 2 and 3.

(2.) There is an institution named as Muslim Inter College, Thakurdwara, Moradabad. As per the pleading in the writ petition, the institution was being administered by the Muslim Minority Committee. However, the department has not recognised the status of the institution as the minority institution and the general service rules in appointment are being adopted by the Department. A vacancy in L.T. Grade teacher occurred on 1.7.1986 due to promotion of Sri Munna Singh. The vacancy was communicated to the District Inspector of Schools for appointment by the Commission and when the demand was not acceded, respondent no. 4 directed the petitioner to teach in the institution. Several reminders were sent by the respondent no. 4 but all in vain. The Commission made an advertisement of the vacancy and the appointments were made by the Commission and one appointee was selected but he never turned up and the vacancy remained vacant. This communication was made to the respondent no. 2 but no step has been taken. On 22.2.1993, the petitioner was already teaching in the institution. The Manager of the institution sent the letter to the District Inspector of Schools, Moradabad stating therein that the Committee of Management has appointed the petitioner as L.T. Grade teacher till the selection by the Secondary Education Services Board and sought the approval. The said letter is Annexure-4 to the writ petition. The District Inspector of Schools, Moradabad vide letter dated 3.3.1993 informed the Manager that since the educational session has been closed there is no justification for granting the approval. The order dated 3.3.1993 passed by the District Inspector of Schools, Moradabad is impugned in the writ petition.

(3.) Learned counsel for the petitioner submitted that the institution was the minority institution. No declaration in this regard is required as it is enshrined and conferred under the Constitution itself. However, the institution has been declared as minority institution by the State Government vide letter dated 12.9.1995 for the purposes of Section 16-FF of the Intermediate Education Act, 1921 (hereinafter referred to as the "Act, 1921"). The copy of the letter has been filed along with the supplementary affidavit dated 16.1.1996. He submitted that being the minority institution, Act no. 5 of 1982 and the Removal of Difficulties Order, 1981 issued in exercise of the power under Section 33 of the Act no. 5 of 1982 are not applicable. He submitted that in 1989 one Sri Lokman Singh has been appointed after following the procedure, by the Committee of Management as L.T. Grade teacher. The District Inspector of Schools rejected the approval against which Writ Petition No. 14631 of 1989 was filed, which was allowed. He submitted that procedure contemplated under Section 16-FF of the Act, 1921 are not mandatory and for not following such procedure the appointment cannot be declared invalid. He submitted that an interim order has been granted by this Court on 27.5.1993 and on the basis of the interim order the petitioner is serving as a teacher. Reliance is placed on the decisions of the Apex Court in the case of N. Ammad v. The Manager, Emjay High School & others, 1998 6 JT 221, in the case of Dr. M.S. Mudhol v. S.D. Halegkar and others, 1993 2 ESC 245 and in the case of Smt. Shanti Devi Verma v. The Deputy Director of Education, Region I, Meerut and others,1982 UPLBEC 365.