ABDUL MIJIDKHAN Vs. STATE OF U P

JUDGEMENT

(1.) M. Katju, J. Heard counsel for the parties.

(2.) THE controversy in this case is as to whether prior approval under Section 16-G (3) of U. P. Intermediate Education Act is required before terminating the service of a teacher of a minority institution. This point is covered by a Full Bench decision of this court in the case of Smt. D. K. Kalra v. R. I. G. S. Meerut and others, 1996 (2) ESC, 421 where it has been held that prior ap proval is necessary. It has been held in para graph 17 of the writ petition that no prior approval has been taken before terminating the service of the petitioner and this allega tion is not seriously controverted, rather in paragraph 60 of the counter-affidavit it is stated that no prior approval was required before the removal of the petitioner.