MANAGER CUM CHAIRMAN ZILA PARISHAD Vs. RAJESHWARI SINGH

JUDGEMENT

(1.) ZILA Parishad, Varanasi, runs number of Intermediate Colleges and Higher Secondary Schools in district Varanasi. These institutions have been recognised under the Intermediate Education Act, 1921 and the Regulations framed thereunder, and are being managed by ZILA Parishad. which is a local body. Girls Higher Secondary Schools Chaubeypur and Girls Higher Secondary School, Chakia, are the two of such institutions, which are being run and managed; by ZILA Parishad. Petitioner is the Principal of Girls Higher Secondary School, Chaubepur, Chairman ZILA Parishad vide order dated 10-9-1991 has transferred the petitioner from Chaubepur to Chakia, and the Principal of Chakia has been transferred to Chaubepur in place of the petitioner. Petitioner has challenged the above order of transfer by means of this writ petition.

(2.) WHEN the writ petition was filed this Court on 10-10-1WI granted exparte interim order, whereby operation of the order of transfer dated 10-9-1991 was stayed. The order of stay was confirmed by learned Single Judge on 6-12-1993, against which Chairman, Zila Parishad, Varanasi, has filed Special Appeal. With the consent of the learned counsel for parties this Court directed that Special Appeal and writ petition, giving rise to the appeal, may be disposed of together. Accordingly both, writ petition and the appeal, are being decided by a common judgment, we have heard learned counsel for both the parties.

(3.) SUB-section (2) of section 16-E1 of the Education Act lays down that in case of recognised institutions maintained by local body the State Government may declare that all or any of the provisions referred to in sub-section (1) shall not apply or shall apply subject to such alterations, modifications or conditions as it may make and the provisions so made shall have effect notwithstanding anything inconsistent therewith contained in other law for time being in force. Provisions mentioned in sub-section (1) are sections 16-A. 16-B, 16-C, sub-section (2) to (13) of sections 16-D, 16-E, 16-F and 16-G. Government of 17. P. has issued an order dated June 13, 1979 under section 16 H providing for the applicability of sections 16-A and 16-G to the institutions maintained by local bodies, according to which in those sections for the word "management"' the words "local body concerned or person empowered to manage the institution", has been substituted. By another order dated 22-6-1984 the Government has further declared that the Chairman of the Zila Parishads can transfer the teachers from one of its institutions to another and for such transfer permission of the District Inspector of Schools will not be required.