COMMITTEE OF MANAGEMENT L.D.A.V. INTER COLLEGE, ANOOPSHAHER, BULANDSHAHR Vs. SECONDARY EDUCATION COMMISSION, ALLENGANJ, ALLAHABAD AND OTHERS

JUDGEMENT

(1.) This writ petition has been filed basically for issuance of a writ, order or direction in the nature of mandamus directing the District Inspector of Schools, Bulandshahr to forward the papers regarding disciplinary action proposed by the petitioner Committee of Management against respondent No. 3, a lecturer in the College. It is alleged that at the end of disciplinary proceeding, the management passed a resolution for dismissal of 3rd respondent from service and submitted relevant papers to the Commission through the District Inspector of Schools, but, it is further alleged, the District Inspector of School is sitting tight over the matter and has failed to discharge legal duties enjoined upon him under the provisions of U.P. Secondary Education Service Commission (Procedure for Approval of Punishment) Regulations, 1985.

(2.) Sec. 21 of U.P. Secondary Education Services Commission and Selection Boards Act, 1982 provides that the management shall not, except with the prior approval of the Commission, dismiss any teacher or remove him from service, or service on him any notice of removal from service, or reduce him in grade or reduce his, emoluments or withhold his increment for any period (whether temporarily or permanently) and any such thing done without Such prior approval shall be void. Regulations of 1985 afore stated provides for the procedure to be followed by the Commission under Sec. 21 of the Act. Regulation 4 of the Regulations enjoins a duty upon the management for submitting cases to the Commission for approval of the Commission under sub-section (1) of Sec. 21 after completing all proceedings as per procedure prescribed in the U.P. Intermediate Education Act, 1921. Chapter III of the Regulations made under the I.J.P. Intermediate Education Act provides detailed procedure to be followed by the committee of management in disciplinary proceedings. Regulation 5 of the Regulations of 1985 provides that while submitting cases to the commission, documents mentioned in the regulation will invariably be submitted to the Commission. Regulation 6 of the said Regulations, it is evident casts a duty upon the Inspector to ensure that the documents are complete as required in Regulation 5 and to forward the same ordinarily within 30 days from the date of receipt of the papers in the first instance from the management or he may point out the defects, if any, in the proceedings of the management.

(3.) It is thus evident from regulation 6 of the Regulations, 1985 that ordinarily if there is no defect in the proceedings, the Inspector should forward the papers to the Commission. It is alleged that no defects in the proceedings were ever pointed out by the Inspector.