RAM KUMAR GUPTA Vs. COMMITTEE OF MANAGEMENT, SRI GANDHI SMARAK LALA GAYA PRASAD INTER COLLEGE, KORA, JAHANABAD, FATEHPUR AND OTHERS

JUDGEMENT

(1.) Petitioner is lecturer in Lala Gaya Prasad inter College, Kora Jahanabad district Fatehpur (Herein after referred to as the college) and has been appointed as officiating Principal after retirement of the regular Principal. Vide order dated Nov. 5, 1994 services of the petitioner as officiating Principal as well as lecturer have been terminated by the Manager of the college in pursuance of the resolution of its Committee of Management. Being aggrieved by.it the petitioner has filed this writ petition.

(2.) The sole grievance raised by the learned counsel for the petitioner is that the service of the petitioner has been terminated without obtaining the requisite approval from the Board. The fact that such approval has not been obtained has been admitted by the respondent in paragraph 43 of the counter-affidavit.

(3.) Sec. 21 of the U.P. Secondary Education Service Commission and Selection Board Act, 1982 (herein after deferred to as the Act) has laid down that the management shall not. except with the prior approval of the Board, dismiss any teacher or remove him from service. The said Sec. places embargo against the removal of teacher by the management without prior approval from the Board. Sec. 21 of the Act is reproduced below :