Allahabad High Court
Devendra Kumar vs State Of U.P. Thru. Prin. Secy. ... on 24 June, 2021
Bench: Ritu Raj Awasthi, Dinesh Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 1
Case :- SPECIAL APPEAL No. - 248 of 2020
Appellant :- Devendra Kumar
Respondent :- State Of U.P. Thru. Prin. Secy. Secondary Education,Lko.&Ors
Counsel for Appellant :- Piyush Mishra
Counsel for Respondent :- C.S.C.
Hon'ble Ritu Raj Awasthi,J.
Hon'ble Dinesh Kumar Singh,J.
1. This case has been taken up through video conferencing.
2. Present intra-court appeal has been filed impugning the judgment and order dated 31.08.2021 passed by learned Single Judge in Writ Petition No.13414(SS) of 2020, whereby learned Single Judge has dismissed the writ petition of the appellant which was filed challenging the order dated 04.06.2020 declining transfer of the appellant-petitioner under Regulations 55 to 61 contained in Chapter III of the U.P. Intermediate Education Act, 1921 (hereinafter referred to ?Act of 1921?) on the ground that the Institution where the appellant-petitioner is presently working, is a 'minority institution' and the aforesaid Regulations are applicable to the institutions other than the 'minority institutions'.
3. The appellant-petitioner was selected for the post of Assistant Teacher by U.P. Secondary Education Board, Prayagraj in pursuance of the notification/advertisement No.01/2009 calling the applications from the eligible and qualified candidates for appointment on the post of Assistant Teacher in High School and Intermediate Colleges in the State Government.
4. The appellant-petitioner was allocated Wasi Naqvi National Inter College, Raebareli. The appellant-petitioner was issued appointment letter dated 20.12.2010 by the Manager of the said Institution requiring him to join the post of Assistant Teacher in the Institution. The appellant-petitioner in pursuance of the aforesaid letter, joined the post of Assistant Teacher in the said Institution.
5. Wasi Naqvi National Inter College, Raebareli moved an application in the year 2011 before the National Commission for Minority Education, Government of India (hereinafter referred to as ?the Commission?) for declaring the said Institution as 'minority institution'.
6. The Commission vide order dated 30.11.2011 declared the college as a 'minority institution' and issued a certificate to that effect.
7. The appellant-petitioner and some other teachers of the said Institution had filed a writ petition before this Court being Writ Petition No.296(MB) of 2012 challenging minority status of the Institution.
8. This Court vide order dated 11.01.2012 granted interim protection to the petitioners. Relevant part of the said order is reproduced hereunder:-
?It has been pleaded and stated that from 1946 till passing the impugned order dated 30.11.2011, contained in Annexure No.1 to the writ petition, the respondent Institution namely, Wasi Naqvi National Inter College, Raebareli, was not recognised as a minority Institution.
Keeping in view the fact, circumstances and material on record, the respondents are restrained to take any coercive action against the petitioners under the realm of the impugned order and the petitioners shall be permitted to discharge duty in accordance with law.?
9. The said order was modified vide order dated 09.07.2013 directing the Committee of Management not to transfer the property of the Institution and not make any appointment. It was further directed that the petitioners therein were the teachers and their services would be continued with all service benefits.
10. It is stated that Director of Education (Secondary), Prayagraj, Government of U.P. issued a letter dated 06.07.2015 to District Inspector of Schools, Raebareli stating therein that Wasi Naqvi National Inter College, Raebareli was not included in the category of minority institution as per the documents submitted by the Dy Director of Education (Secondary), Government of U.P.
11. In the year 2016, the State Government gave the minority status to the Institution. Said status declaring respondent No.7-College as minority institution by the State Government is under challenge by the appellant and other teachers by way of Writ Petition No.2866(MS) of 2017. The said writ petition has been connected with earlier Writ Petition No.296(MB) of 2012. These writ petitions are pending for final disposal.
12. It is stated in the petition that wife of the appellant is working as Lecturer in Raja Shankar Sahai Inter College, Unnao and he has a minor daughter, who lives with her mother at Unnao. It is also submitted that the petitioner? father is suffering from Alzheimer. The appellant-petitioner applied for his transfer from Wasi Naqvi National Inter College, Raebareli to Janta Siksha Niketan Uchchattar Madhyamik Vidyalaya, Raukarana, Unnao.
13. The petitioner thereafter, filed a writ petition being Writ Petition No.3304(SS) of 2020 before this Court. This Court vide order dated 06.02.2020 directed the Additional Director, Education (Secondary), Prayagraj to consider the claim of the appellant-petitioner for transfer by reasoned and speaking order within a period of six weeks from the date of production of certified copy of the order.
14. The Addl. Director Education (Secondary) passed an order dated 04.06.2020 in compliance of the order passed by this Court on 06.02.2020 (supra) and rejected the claim of the appellant-petitioner stating that writ petitions in respect of minority status of Institutions were pending in High Court. The orders passed by the Commission and the State Government dated 30.11.2011 and 30.12.2016 respectively had not been set aside by interim orders dated 11.01.2012 and 09.07.2013 services of the petitioners therein were protected with all benefits. It was said that in pursuance of the said order, the petitioners therein were given all service benefits.
15. Aggrieved by the said order, the applicant-petitioner filed Writ Petition No.13414(SS) of 2020. The said writ petition has been dismissed vide impugned judgment and order dated 31.08.2020 by the learned Single Judge.
16. Learned counsel for the appellant submits that once vide interim orders passed in Writ Petition No.296(MB) of 2012 service benefits of the appellant have been protected, he is entitled to be considered for transfer under the Act, 1921 inasmuch as he was appointed prior to the date of declaration of the Institution as 'minority Institution' by the Commission and the State Government.
17. Learned Single Judge, however, has rejected the said contention of the appellant and held that unless minority status of the Institution is set aside, Regulations 55 to 61 contained in Chapter III of the U.P. Intermediate Education Act, 1921 would not be applicable to the Institution as at present the status of the Institution is a 'minority Institution'.
18. In view thereof, learned Single Judge has dismissed the writ petition. It is not in dispute that writ petitions filed challenging minority institution of the college are still pending. There is no final adjudication regarding the validity of the minority status of the college granted by the Commission vide order dated 30.11.2011 and by the State Government 30.12.2016 unless these orders are set aside, it cannot be said that the College is not a 'minority institution'. Learned counsel has not disputed the legal position that Regulations 55 to 61 contained in Chapter III of the U.P. Intermediate Education Act, 1921 are not applicable to a 'minority institution'.
19. Submission of the petitioner that since he was appointed prior to the Institution being declared as minority institution, therefore, his services would be governed as per the existing rules and status of the college has no force. At present he is employed in a minority institution and he is seeking transfer from a minority institution to other non minority institution. Since the aforesaid Regulations which govern transfer are not applicable in the case of the Institution where the petitioner is employed, learned Single Judge has rightly dismissed the writ petition.
20. We do not find any ground to interfere with the order impugned in the present appeal and, therefore, we dismiss the appeal. No cost.
Order Date :- 24.6.2021
prateek
