COMMITTEE OF MANAGEMENT DR SUDAMA PRASAD BAL VIDYA MANDIR KANYA INTER COLLEGE SHAHJAHANPUR Vs. DISTRICT INSPECTOR OF SCHOOLS SHAHJAHANPUR

JUDGEMENT

(1.) THE present special has been directed against the judgment and order dated 26.11.2001 passed by the learned Single Judge in Civil Misc. Writ Petition No. 33209 of 2001, whereby the writ petition has been partly allowed. The learned Judge has issued the following directions :

(2.) BRIEFLY stated the facts giving rise to the present Special Appeal are that the Committee of Management runs Dr. Sudama Prasad Bal Vidya Mandir, Kanya Inter College, Khirni Bagh, Shar ahanpur, (hereinafter referred to as the College) which is recognised under the provisions of U.P. Intermediate Education Act, 1921 (hereinafter referred to as the Act). It is an unaided College. The respondent was appointed as an Administrative Officer in the College some times in the month of November, 1997. The post of Administrative Officer was abolished by the Committee of Management of the College vide resolution dated 6.9.2001. Vide letter dated 19.11.2001 the Committee of Management of the said College terminated the engagement of the respondent No. 2. It appears that the respondent No. 2 made a representation on 20.9.2001 before the District Inspector of Schools. The District Inspector of Schools treated the said representation as an appeal and after calling for the comments, came to the conclusion that even though the respondent No. 2 was designated as an Administrative Officer but was teaching the classes of English. Thus, she was mainly, appointed as a teacher though designation was given as an Administrative Officer and all the provisions relating to Teachers would be applicable. He further held that the Committee of Management had neither given any in 'OR nor had called for any explanation from the respondent No. 2, therefore, the entire procedure adopted for terminating the services of the respondent No. 2 was illegal and contrary to law and cannot be sustained. The order dated 15.10.2001 passed by the District Inspector of Schools was challenged by the Committee of Management before this Court by means of writ petition which has been partly allowed by the learned Judge vide order dated 26.11.2001 which is under challenge in this Special Appeal.

(3.) SHRI R.N. Singh, submits that the respondent No. 2 was appointed as an Administrative Officer in the College and not as a Teacher and as the post of Administrative Officer in the College had been abolished by the Committee of Management vide resolution dated 6.9.2001 in services of the respondent No. 2 were terminated on 19.9.2001. Since the College is unaided and the post of Administrative Officer was not a sanctioned post, the District Inspector of Schools did not have any jurisdiction to adjudicate upon the representation made by the respondent No. 2. He further submitted that the learned Judge, committed manifest error of law in directing the District Inspector of Schools to decide the matter afresh.