CHAMELI TRIPATHI Vs. COMMITTEE OF MANAGEMENT

JUDGEMENT

(1.) The petitioner prays for a writ of certiorari quashing her dismissal orders dated 25.8.1998 as corrected by the subsequent order dated 27.8.1998 respectively contained in Annexures-9 and 10.

(2.) The gist of the matter is that the petitioner took up the job as a Junior High School Teacher in an institution run under the management of respondent Nos. 1 and 2 at Gurunanak Vidyalaya. Sultanpur--on the representation that she had done her Intermediate and then attained ten years teaching experience, thus straitlng the necessity of having the B. T. C. qualification. At a later stage, the management doubted her claim of teaching experience and as such issued her a show cause notice which was duly replied by her. The management did not feel satisfied with her explanation and issued further notices which too were duly replied by her. But despite all that, under the impugned orders her services were terminated without issuing any charge-sheet or holding a formal disciplinary enquiry. From her view point, the impugned orders are violative of the principles of natural justice and as such void ab initio.

(3.) During the course of hearing, the learned counsel for the petitioner was fair enough to concede that the respondents institution is a minority institution, but the burden of his arguments was that even a minority institution is required to comply with the Regulations framed by the State Government in the interest of "discipline, health, sanitation and public order" as observed by the Apex Court in the matter of Bihar State M. E. B. v. Managing Committee M. H. A., 1990 UJ (SC) 470 and mandated by Uttar Pradesh Recognised Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Teachers) Rules, 1978 framed by virtue of Section 19 clause (1) of the U. P. Basic Education Act, 1972. Support was also drawn from the observations recorded by this Court in Writ Petition No. 2083 (S/S) of 1992. Mohd. Moharram v. D.I.O.S., decided on 9.4.1992.