LAWS(P&H)-2008-1-168

THE MANAGING COMMITTEE OF SHRI GURU GOBIND SINGH SENIOR SECONDARY SCHOOL THROUGH SH. AMRIT SINGH, MEMBER/AUTHORISED SIGNATORY Vs. CHANDIGARH ADMINISTRATION THROUGH COMMISSIONER-CUM-SECRETARY EDUCATION AND ORS.

Decided On January 18, 2008
The Managing Committee Of Shri Guru Gobind Singh Senior Secondary School Through Sh. Amrit Singh, Member/Authorised Signatory Appellant
V/S
Chandigarh Administration Through Commissioner -Cum -Secretary Education And Ors. Respondents

JUDGEMENT

(1.) THE challenge in the present writ petition is to the order dated 03 -01 -2008 (Annexure P -18) wherein the Management of the petitioner -School was dissolved with immediate effect and Sh. Harbir Singh Anand, Lecturer in Commerce was appointed as Principal/Manager/Receiver of the School under Section 4 of Punjab Aided School (Security of Service) Act, 1969 (hereinafter referred to as 'the Act') as applicable to the Union Territory, Chandigarh.

(2.) THE brief facts which led to the passing of the aforesaid order is that one Jaswant Singh was discharging the duties of the Principal of the School. The said school is receiving 95% grant -in -aid from Chandigarh Administration. The School has a Managing Committee consisting of 16 members. Such Managing Committee is approved by the Education Department on yearly basis in terms of the provisions of Education code under which the petitioner is receiving grant on Delhi pattern.

(3.) AS a consequence of the order passed by this Court on 07 -09 -2007, an order was passed by the Managing Committee on 17 -09 -2007 reliving Mr. Jaswant Singh as Principal from 07 -09 -2007 but on 18 -09 -2007, Mr. Jaswant Singh was re -employed on contract basis from 10 -09 -2007 till the appointment of a regular Principal. The letter dated 18 -09 -2007 (Annexure P7) further stipulated that Mr. Jaswant Singh would be paid salary by the Management out of its own resources.