COMMITTEE OF MANAGEMENT, CHIRAUNJI LAL DHARAMPAL KANYA UCHCHATTAR MADHYAMIK VIDYALAYA, BUDAUN AND ANOTHER Vs. STATE OF U.P. AND OTHERS

JUDGEMENT

(1.) COMMITTEE of Management of Chiraunji Lal Dharmpal Kanya Uchchatar Madhyamik Vidyalaya, Dataganj, Btidaun has approached this Court, questioning the validity of decision dated 19.4.2007 taken by Sub-Committee constituted under Section 21 of the U.P. Secondary Education Services Selection Board Act, 1982, and communicated by the Secretary, U.P. Secondary Education Service Selection Board vide communication dated 7.5.2007, disapproving the proposal of the Committee of Management for termination of services of respondent No. 4, Smt. Sheela Sharma.

(2.) BRIEF background of the case, as disclosed in the writ petition, is that in the district of Budaun, there is a recognized institution known as Chiraunji Lal Dharmpal Kanya Uchchattar Madhyamik Vidyalaya, Dataganj, Budaun. Said institution, as is suggestive by its name, is engaged in imparting education upto Intermediate level to girl students. Affairs of the said institution are run and managed in consonance with the provisions as contained under U.P. Intermediate Education Act, 1921. Institution in question is in grant-in-aid list of the State Government, and the provisions of U.P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971 are fully appli­cable to the said institution. Selection and appointment on the post of Principal, Lecturers and L. T. Grade Teachers is made as per provisions contained under U.P. Secondary Education Services Selection Board Act, 1982 and Section 21 of the said Act restricts the power of the Committee of Management before proceeding to award any punishment. In the said institution, respondent No. 4, Smt. Sheela Sharma had been performing and discharging duties as Principal. Resolution was passed on 14.10.2001 for initiation of disciplinary proceedings against her and simultaneously, she was sought to be placed under suspension. Said resolution of suspension was approved by the District Inspector of Schools, Budaun under Section 16-G (7) of the U.P. Intermediate Education Act, 1921 on 4.12.2001. The suspended Principal preferred Writ Petition No. 39165 of 2001, which was disposed of by this Court with direction to the District Inspector of Schools to hear all the parties and take appropriate decision in the matter. Thereafter, District Inspector of Schools, Budaun, heard the parties concerned and vide order dated 10.1.2002 maintained the order of suspension till enquiry proceedings were completed. Respondent No. 4 again filed Writ Petition No. 5150 of 2002, which is still pending. Smt. Sheela Sharma was subjected to disciplinary proceeding by issuance of charge-sheet on 2.11.2001, wherein 15 charges were levelled against her. Petitioners have contended that six letters had been sent to the charged employee for submission of reply and ultimately on 8.1.2002 information was submitted by her that she had already submitted her reply to the lawyer of the Management, and copy of the same was also forwarded to District Inspector of Schools. Thereafter, next date fixed in the matter was 5.2.2002. On the said date charged employee appeared and made statement that she will not give anything in writing, she had already submitted her reply to District Inspector of Schools on 6.3.2002. Notice was issued by Sub-Committee to the charged employee and then again no reply was given and ultimately report was submitted on 24.3.2002, holding therein that the charges stood proved. The Managing Committee passed resolution to terminate the services of respondent-No. 4 Entire papers, thereafter, for the purposes of being accorded approval, were transmitted to the U.P. Secondary Education Services Selection Board Act, 1982 through the District Inspector of Schools. The U.P. Secondary Education Service Selection Board constituted a Sub-Committee to hear the dispute between the petitioners and charged employee. The Sub-Committee on 7.11.2003 approved the termination of charged employee and the said action was accepted by the U.P. Secondary Education Service Selection Board in its meeting dated 12.2.2004. Said action of U.P. Secondary Education Service Selection Board was subject matter of challenge in Writ Petition No. 10713 of 2004. Said writ petition was allowed on 23.3.2004 and categorical direction was given that said matter be assigned to the Sub-Committee of which Dr. Hambeer Singh and Arvind Dexit were not members. Further observation was made that Selection Board while dealing with the objection of Smt. Sheela Sharma had not recorded any finding at all. Petitioners have contended that thereafter, Sub-Committee, comprising Sri J. P. Verma, member of the Selection Board and Dr. Ajab Singh Yadav, Chairman of the said Board, was constituted. The Sub-Committee issued notices to the petitioners as will as charged employee, and hearing took place on various dates, viz. 16.9.2004, 19.7.2004, 7.7.2005, 22.7.2005, 16.8.2005 and 28.9.2005. It has been stated that the dates which have been mentioned, on every date when hearing took place only Sri J. P. Verma was present and on the last date i.e. on 28.9.2005, other member Dr. Ajab Singh Yadav, President of the Board, was present. Categorical mention was made that Dr. Ajab Singh Yadav was not present on earlier dates when hearing took place by the Sub-Committee. Orders were reserved on 28.9.2005, which is the date when the matter was lastly heard by the Sub-Committee. Thereafter, after about 19 months impugned communication has been sent, whereby proposal for termination has been disapproved. At this juncture present writ petition has been filed on facts and grounds mentioned in the body of the writ petition.

(3.) ON the matter being taken up on 24.5.2007 record was produce, and learned Counsel for the parties were heard at length.