COMMITTEE OF MANAGEMENT, D.P.S. INTER COLLEGE, KAKWAN KANPUR NAGAR THROUGH ITS MANAGER AND ANOTHER Vs. STATE OF U.P. AND OTHERS

JUDGEMENT

(1.) HEARD S.C. Dwivedi, learned Counsel for the petitioners and Sri P.N. Saxena for respondent No. 5 and learned Standing Counsel for respondents No. 1 to 4. Sri Dwivedi Counsel for the petitioner comes up questioning the order dated 18.8.2009 passed by the District Inspector of Schools, refusing to grant approval to the proposal of suspension of the respondent in respect of disciplinary proceedings initiated against him.

(2.) ONE of the grounds taken for refusing to grant approval is that the petitioner, Committee of Management has failed to furnish the documents that are required under the Regulations framed under Chapter III of the U.P. Intermediate Education Act while submitting the papers for grant of such approval. The provisions of section 16 -G(5) to 16 -G(7) read with Regulations 37 to 39 of Chapter III of the U.P. Intermediate Education Act clearly mandate that the proposal for suspension and the resolution shall be accompanied with all relevant documents in order to allow the District Inspector of Schools to make an assessment as to whether the procedure followed by the Committee of Management is in accordance with the Regulations or not. It is for this reason that the said Regulations have to be complied with and they are not contained in the statute for a mere procedural formality. Sri Dwivedi could not point out as to why the Committee of Management did not forward the papers that are required and has been unsuccessful in assailing the finding recorded by the District Inspector of Schools to that effect in the order impugned dated 18.8.2009. The sending of papers in compliance of the provisions is not a simple public relations exercise and is therefore, a mandate to be complied with.