COMMITTEE OF MANAGEMENT Vs. STATE OF U P

JUDGEMENT

(1.) THIS writ petition under Article 226 of the Constitution of India, has been preferred against the impugned orders dated 6.5.2008 and 16.6.2008 passed by the District Inspector of Schools, Varanasi contained in Annexures 7 and 8 to the writ petition, granting compassionate appointment to the opposite party No. 4 in the petitioner's Institution, a minority Institution duly recognized under the U.P. Intermediate Education Act, 1921 (in short the 1921 Act) and the regulations framed thereunder and also receiving grant-in-aid from the State Government. The question involved in the writ petition is of public importance, as to whether, the minority educational institution protected under Article 30 of the Constitution of India, can be compelled by the authorities under the 1921 Act and the regulations framed thereunder, to make appointment on compassionate ground?

(2.) THE petitioner No. 1, is the Committee of Management of a recognized Intermediate College under the 1921 Act and receiving grant-in-aid from the State Government. Admittedly, it is governed by the provisions of the 1921 Act as well as the U.P. High Schools and Intermediate Colleges (Payment of Salary to Teachers and Other Employees) Act, 1971 (in short the 1971 Act").

(3.) ONE Mohd. Yunus Ansari was a permanent Assistant Teacher in LT Grade of the Institution, who died in harness on 26.5.1998. The respondent No. 4 Imtiyaz Ahmad Ansari, is the son of the deceased teacher Mohd. Yunus Ansari who died in harness on 26.5.1998. The respondent No. 4 possesses certificate of Bachelor of Arts, Bachelor of Education.