C/M Sri Gyasiram Inter College vs State Of U.P. And 4 Others
2021 Latest Caselaw 8424 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 33
 

 
Case :- WRIT - A No. - 5436 of 2021
 

 
Petitioner :- C/M Sri Gyasiram Inter College
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Manoj Yadav,Vishnu Shanker Gupta
 
Counsel for Respondent :- C.S.C.,Ram Bilas Yadav
 

 
Hon'ble Ashwani Kumar Mishra,J.

Petitioner is the Committee of Management of Shree Gyasiram Inter College, Kurra Chittarpur, Agra. The Institution was initially recognized upto Junior High School level and payment of salaries to teachers and other employees are being made in accordance with the provisions of the U.P. Junior High Schools (Payment of Salaries of Teachers and other Employees) Act, 1978. It is contended that Institution has been upgraded to High School level and thereafter Intermediate level in 1995. The Committee of Management is aggrieved by the permission granted by District Basic Education Officer on 10.2.2020 pursuant to which transfers have been effected of respondent no. 5 in the petitioner Institution. This order is assailed on the ground that once institution has been upgraded to Intermediate level, the provisions of U.P. Intermediate Education Act, 1921 would apply and District Basic Education Officer will have no jurisdiction to grant permission for transfer to respondent no. 5. Reliance is placed upon a Division Bench Judgment of this Court in the case of Smt. Manju Awasthi and others Vs. State of U.P. and others reported in 2013(3) ADJ 64.

Learned Standing Counsel states that such claim of the petitioner can be examined by respondent no. 2, at the first instance.

Law has been settled by the Division Bench of this Court in the case of Smt. Manju Awasthi (supra) that where the Institution is upgraded to High School or Intermediate level, it would be the authorities under the U.P. Intermediate Education Act, 1921 as well as under the U.P. Secondary Education Services Selection Board Act, 1982, who shall exercise administrative powers in respect of such teachers.

In the facts of the present case, it would be appropriate to direct the second respondent to examine petitioner's grievance by passing a reasoned order within a period of three months from the date of presentation of a copy of this order. It goes without saying that an opportunity of hearing would also be given to respondent no. 5 before passing such order. Applicable law on the subject shall be kept in mind while taking the appropriate decision.

With the aforesaid observations and directions, this writ petition stands disposed of.

Order Date :- 22.7.2021

Ranjeet Sahu