USHA TRIVEDI Vs. KRISHNA BAL MANDIR & ANOTHER

JUDGEMENT

(1.) Heard Sri Aniruddh Sharma, Advocate holding brief of Sri H. N. Sharma, learned counsel for the petitioner, Sri Rajeev Joshi, learned counsel appearing on behalf of respondent nos. 1 and 2 and Ms. Suman Sirohi, learned Station Counsel appearing on behalf of the respondent no. 3.

(2.) It appears that the petitioner was a Teacher in Krishna Bal Madir High School, Amroha, district Jyotiba Phule Nagar, a recognized institution being managed by the committee of management. It is not a Government aided institution. It appears that the petitioner has been suspended vide order dated 09.12.1997 and later on after making proper inquiry her services has been terminated vide order dated 21.08.1998 passed by the committee of management. It appears that the petitioner approached to the District Inspector of Schools, Amroha against the termination order. The District Inspector of Schools, Amroha vide order dated 27.08.1998 has observed that the institution is un-aided and a recognized institution therefore, before passing the suspension or termination order the approval of the District Inspector of Schools, Amroha should be taken. He further observed that in respect of the allegations made against the petitioner in respect of misplaced answer sheets, the petitioner has been discharged from the charges by the Court and, therefor, the termination of the services of the petitioner is contrary to Section 16(3)(K) of U. P. Intermediate Education Act, 1921 (hereinafter referred to as "Education Act, 1921") and accordingly, set aside the termination order and directed the committee of management to reinstate the petitioner.

(3.) By means of the present writ petition, the petitioner is seeking a direction to the respondent nos. 1 and 2 to obey and implement the order dated 27.08.1998 of the District Inspector of Schools, Amroha, district Jyotiba Phule Nagar.