ANJANI KUMAR SRIVASTAVA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Ramesh Chandra Dwivedi, learned counsel for the appellant; Shri Sanjay Kumar Singh, learned Standing Counsel; and Shri B.N. Singh, learned counsel for third to fifth respondents.

(2.) Anjani Kumar Srivastava has preferred present Special Appeal under Chapter VIII Rule 5 of Allahabad High Court Rules, 1952 assailing the validity of order dated 13.04.2017 passed by learned Single Judge in Writ Petition No.15398/2017 (Anjani Kumar Srivastava Vs. State of U.P. and others) wherein learned Single Judge has proceeded to dismiss the claim set up by the petitioner-appellant with the following observations:-

(3.) Record in question reflects that there is an Institution known as 'Raghuvar Prasad Jaiswal Saraswati Shishu Mandir Inter College, Tetri Bazar, District Siddhartha Nagar' (hereinafter referred to as the 'Institution') recognised under the provisions of U.P. Intermediate Education Act, 1921 and the said Institution is also recognised upto intermediate classes by the Board of High School and Intermediate Education U.P. at Allahabad but the said institution does not come under the purview of U.P. Act No.24 of 1971. It is relevant to indicate that in the year 1985, the Board of High School and Intermediate U.P. at Allahabad accorded recognition under Sec. 7AA of U.P. Intermediate Education Act, 1921 in respect of which the Government Order is not at all applicable to make any payment of salary from the State exchequer. The Institution is a registered Society under the Societies Registration Act, 1860 and it is claimed that the said Society framed rules namely 'Acharya Evam Karmchari Sewa Niyamawali'. It appears that in the present matter some disciplinary action/proceeding has taken place against petitioner-appellant and in this backdrop it is claimed that as per clause 16.2, only the Committee of Management of Institution concerned is competent authority to initiate disciplinary proceedings against the teaching and non-teaching staff of the Institution and the Principal of the Institution is not empowered to take any such action and as such suspension order dated 001.2017 cannot sustain, which was subject matter of challenge before learned Single Judge and it has also been claimed that the Institution is imparting education and therefore is performing public function and as such Writ Petition was very much maintainable and in support of his submission, the learned counsel for the petitioner-appellant has placed reliance on the judgement passed by Apex Court in the case of Ramesh Ahluwalia Vs. State of Punjab and others 2012 (12) SCC 331 before the Learned Single Judge and the Learned Single Judge has proceeded to observe that the said judgement was relating to Central Board of Secondary Education and on the said score, he has proceeded to non-suit the claim of petitioner-appellant precisely on the ground that Institution in question is a private institution and unaided in any form by the Government, although it is claimed that the same is recognised by the Board of High School and Intermediate Education U.P. at Allahabad but as the Institution in question is totally a private institution, Writ Petition is not at all maintainable and the remedy of petitioner-appellant lies in approaching the Civil Court instead of rushing to this Court.