Allahabad High Court
C/M Harjinder Nagar Inter College ... vs State Of U.P. And 3 Others on 16 July, 2021
Bench: Ashwani Kumar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 33
Case :- WRIT - A No. - 14938 of 2020
Petitioner :- C/M Harjinder Nagar Inter College And 2 Others
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Anurag Shukla,Vijay Kumar Singh(Senior Adv.)
Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
This petition is by the committee of management of recognized minority institution challenging an order passed by the District Inspector of Schools, which directs the senior most teacher in the institution to officiate as the Principal. This order is challenged on the ground that right to administer minority institution is with the committee of management and the limited jurisdiction with the educational authorities is to examine as to whether the concerned teachers possesses requisite qualification or not? Reliance is placed upon the judgment of the Supreme Court in the case of Manager, Corporate Educational Agency Vs. James Mathew and others, reported in AIR 2017 SC 3762, as also a judgment of this Court in Writ Petition No.13023 of 2018 (Khajan Singh Vs. State of U.P. and others), decided on 28.3.2019. It is urged that third petitioner since possesses requisite qualification, therefore, no exception can be taken if the committee of management has authorized him to officiate as Principal. It is also submitted that reasons otherwise exist for not appointing the senior most teacher to officiate.
This Court while entertaining the writ petition had passed following orders on 23.2.2021:-
"Learned counsel for the petitioner has submitted that this case is wholly covered with Judgements of Hon'ble Supreme Court i.e. Law (SC) 2017 7 90 Supreme Court of India decided on 2017 July 11, Civil Appeal Nos.826-827 of 2017, Manager, Corporate Educational Agency versus James Mathew And Ors. and Laws (SC) 2017 1 69 Supreme Court of India decided on 2017 January 31 Civil Appeal No.1257 of 2017, Mrs. Ivy C. Da. Conceicao versus State of Goa and Ors., copies whereof have been annexed as Annexure Nos.18 & 19 to the writ petition. He further submits that there is no point to reject the claim of the petitioner according to the relief sought by way of this petition.
Sri Brijesh Pratap Singh, learned Standing Counsel is required to seek proper instruction from the authority concerned within a period of three weeks' from today.
As prayed, put up this case on 18th March, 2021 as fresh.
In so far as claim of the petitioner no.3 is concerned, he is working as Principal of the institution concerned and if he is functioning as such, his functioning shall not be disturbed by the respondent concerned till the next date of listing."
Learned Standing Counsel does not dispute the legal proposition urged on behalf of petitioners. It is submitted that instead of keeping the matter pending, it would be appropriate to permit the concerned educational authority to re-visit the issue.
This Court finds that fetters put on the exercise of jurisdiction by the Managing Committee of Minority Recognized Intermediate Institution is not in consonance with the law declared on the subject, as such the impugned action would amount to violation of Article 30 of the Constitution of India.
Since the authority intends to re-visit the matter, it would be appropriate to set aside the order impugned dated 12.11.2020, contained in Annexure-14 to the writ petition. Accordingly, order impugned is set aside. A fresh decision would be taken by the authority concerned, in light of the above observations, after notice to the respondent no.4, within a period of two months from the date of presentation of a copy of this order.
Writ petition, accordingly, is allowed.
The concerned Authority/Official shall verify the authenticity of computerized copy of this order from the official website of High Court Allahabad and shall act accordingly without waiting for submission of the certified copy of this order.
Order Date :- 16.7.2021
Anil
