COMMITTEE OF MANAGEMENT INDUSTRIAL MISLIM GIRLS INTER COLLEGE SAHARANPUR Vs. REGIONAL JOINT DIRECTOR OF EDUCATION SAHARNPUR

JUDGEMENT

(1.) I. M. Quddusi, J. Heard learned Counsel for the petitioner and learned Standing Counsel.

(2.) THE Industrial Muslim Girls Inter College, Saharanpur is a minority institu tion, hence provisions of Article 30 of the Constitution are applicable in respect of the institution in question.

(3.) A perusal of Regulation (2) of Chapter II of the aforesaid Act provides that the senior most qualified teacher is meant for the institution other than the minority institutions, hence the condition of appointing or promoting senior most qualified teacher of the institution does not apply to a minority institution. Moreover, Clause (3) of Regulation (2) provides that where the temporary vacan cy in the post of head of institution is for a period not exceeding thirty days, the senior most teacher in the highest grade may be allowed to work as acting head of institution, but he shall not be entitled to pay in a scale higher than the scale of pay in which he is drawing salary as such teacher. But in the instant case, the vacancy is for more than thirty days, hence this clause would not be applicable in the case of petitioner's institution.