COMMITTEE OF MANAGEMENT SWAMI LILA SHAH ADARSH SINDHI INTER COLLEGE AND ANOTHER Vs. STATE OF U.P. AND OTHERS

JUDGEMENT

(1.) An advertisement published in the newspaper 'Dainik Jagran' dated 25 July 2009, inviting applications for filling up eight posts of LT Grade Assistant Teachers, issued by Swami Lila Shah Adarsh Sindhi Inter College, Charbagh, Shahganj, Agra (for short, 'the institution'), gave rise to the instant writ petition.

(2.) The writ petition was initially heard by a learned Single Judge (Hon'ble A.P. Sahi, J), who, vide order dated 29 Oct. 2009, after having noted divergent opinions expressed by a learned Single Judge in Committee of Management, Sri Kund Kund Jain Inter College, Muzaffarnagar Vs. State of U.P. & Ors, [2006 (3) ESC 1528 (All)], and a Division Bench in N.B. Lal Vs. District Inspector of Schools & Ors, Writ Petition No 9776 of 1984, decided on 31 Aug. 1984, on the one hand and the judgment of a learned Single Judge in Management Committee of M.M. Inter College, Chandpur, District Bijnor Vs. Deputy Director of Education, III Region, Bareilly & Ors, 1984 (1) UPLBEC 271 as also the judgment of the Supreme Court in Kolawana Gram Vikas Kendra Vs. State of Gujarat & Ors, 2010 (3) AWC 2543 (SC) on the other, proceeded to refer the matter to the Chief Justice for constitution of a larger Bench, framing three questions for consideration. The reference made by a learned Single Judge was accordingly placed before a Division Bench, consisting of Honourable Ashok Bhushan, J (as he then was) and Honourable A P Sahi, J. The learned Judges in the Division Bench have written separate concurring orders and framed questions, requesting the Chief Justice for constitution of a larger Bench. In the reference order, both the learned Judges have independently expressed their opinion, based on the judgment of the Supreme Court in Kolawana Gram Vikas Kendra (supra). The questions framed by the Division Bench, and which now fall for our consideration, read thus:

(3.) The questions framed by the Division Bench centered around the applicability of the provisions of Regulation 5 contained in Chapter II of the Regulations framed under the Intermediate Education Act, 1921 (for short, 'the Act 1921') and whether the said provision violated the rights of a minority institution guaranteed by Art. 30 of the Constitution. When the matter was heard by the Division Bench, the learned Judge found themselves unable to accept the view taken by the Division Bench in N B Lal and, accordingly, opined that the same would require reconsideration. It is in this backdrop that the present Full Bench came to be constituted.