COMMITTEE OF MANAGEMENT Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal is by the committee of management challenging an order of the learned Single Judge, dtd. 23/1/2025; whereby a direction is issued to accord consideration to the proposal of managing committee for terminating the services of the respondent by the District Inspector of Schools. For such purposes reliance is placed by the learned Single Judge on Sec. 16-G(3)(a) of the U.P. Intermediate Education Act, 1921 (hereinafter referred to as 'the Act of 1921'). Learned Single Judge has observed that after the Uttar Pradesh Secondary Education Services Selection Boards Act, 1982 (hereinafter referred to as 'the Act of 1982') is repealed, the provisions of Sec. 21, which provided for grant of approval to the order of termination by the Board is no longer available and, therefore, the only provision whereunder approval is required to be granted is Sec. 16-G(3)(a) of the Act of 1921.

(2.) Sri D.P. Singh, learned Senior Counsel for the appellant submits that after the Act of 1982 is repealed, there is no requirement of obtaining approval on the proposal of the managing committee for terminating the services of the teacher concerned.

(3.) Sri Vashishtha Tiwari and Sri Gaurav Bishan as well as Sri Arimardan Singh Rajpoot, learned State Counsel opposed such contention on behalf of the respondents.