C/M Janta Inter College And ... vs State Of U.P. And 2 Others
2022 Latest Caselaw 3113 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 33
 

 
Case :- WRIT - A No. - 7392 of 2022
 

 
Petitioner :- C/M Janta Inter College And Another
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Nand Lal Pandey,Suyash Pandey
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Mrs. Manju Rani Chauhan,J.

Ref.:-Order on Stay Application

Heard Mr. Nand Lal Pandey, learned counsel for the petitioner and the learned Standing Counsel for the State-respondents.

Following prayer has been made by the petitioner in the instant writ petition:

"i. Issue a writ order or direction, in the nature of certiorari quashing the impugned order dated 28.04.2022 passed by the District Inspector of Schools, Etah (Annexure-7 to this writ petition).

ii. Issue a writ order or direction, in the nature of Mandamus commanding the Respondent No.3 (District Inspector of Schools, Etah) to consider the resolution dated 27.03.2022 passed by the Committee of Management, Janta Inter College, Piluwa Etah and giving charge of officiating principal to one Mr. Jay Rai Singh, communicated by letter dated 01.04.2022 within reasonable period of time as fixed by this Hon'ble Court.

iii.

iv...."

It is the case of the petitioner that "Janta Intermediate College, Pilua, District Etah" is an institution duly recognized by the Board of High School and Intermediate. As the said institution is taking grant-in-aid from the State Government, the provisions of U.P. High School and Intermediate Colleges (Payment of Salary to the Teachers and Other Employees) Act, 1971 is fully applicable to the same. The said institution was established by Jain Community, therefore, the same has been conferred the status of minority institution. The post of principal is also available in the institution as the same is taking grant-in-aid. After retirement of Mr. Ramesh Chandra Yadav on 31st March, 2022, who was working as officiating principal in the said institution, the District Inspector of Schools, Etah by his letter dated 22nd March, 2022 has directed the Committee of Management of the said institution to hand over the charge of officiating principal of said institution to Mr. Dharmendra Kumar Upadhyay, in place of Ramesh Chandra Yadav, who retired on 31st March, 2022.

Further, it is the case of the petitioner that on one hand, the District Inspector of Schools, Etah vide letter dated 22nd March, 2022 has directed the Committee of Management of the institution to hand over the charge of officiating principle to one Mr. Dharmendra Kumar Upadhyay, who is working in the institution since 2nd July, 1990 and is having qualification of Master of Arts (Art) and IGD (Bombay), on the other-hand, on the same date i.e. 22nd March, 2022, a seniority list has been prepared by the Committee of Management for the year 2022-2023 and the same has also been sent to the District Inspector of Schools, Etah along with covering letter of the same date i.e. 22nd March, 2022. In the said seniority list so prepared by the Committee of Management, name of Dharmendra Kumar Upadhaya has been placed at serial no.1, Jai Pal at serial no.2 and Brajesh Kumar at serial no.3. On 30th March, 2022, the District Inspector of Schools, Etah has again sent a letter to the Committee of Management directing the Committee of Management to hand over the charge of officiating principal of the institution to Mr. Dharmendra Kumar Upadhaya, as he is the senior most teacher in the institution.

Lastly, it is the case of the petitioner that pursuant to the first letter of the District Inspector of Schools, Etah dated 22nd March, 2022, the Committee of Management has passed a resolution on 27th March, 2022 resolving that though Dharmendra Kumar Upadhaya is the senior most teacher in the institution but the charge of officiating principal of the institution cannot be handed over to Mr. Dharmendra Kumar Upadhyay, as he does not have the degree of B.Ed. and L.T. Training Certificate. For appointment of any person on the post of regular principal, training certificate is required, inasmuch as the appointment of Dharmendra Kumar Upadhyay has been made against leave vacancy. By the said resolution dated 27th March, 2022, the Committee of Management has also resolved to appoint Jail Pal Singh, whose name is placed at serial no.2 in the seniority list, as officiating principal of the institution, inasmuch as he does have degree of M.A. (Sanskrit), M.Phil. Ph.D. and B.Ed. and his selection has been made by the Board of U.P. Secondary Selection Board. A copy of the resolution dated 27th March, 2022 has been sent by the Committee of Management on 1st April, 2022 to the District Inspector of Schools, Etah for attesting the signatures of Mr. Jai Pal Singh as officiating principal of the institution. Instead of attesting the signatures of Jai Pal Singh as officiating principal of the institution, the District Inspector of Schools, Etah vide order dated 28th April, 2022 has directed the Committee of Management to hand over the charge of officiating principal of the institution to Brajesh Kumar, whose name has been placed at serial no.3 in the seniority list, when as matter of fact Brajesh Kumar does not have requisite qualifications and training certificate, as required under the relevant act and rules for the post of regular principal.

Learned counsel for the petitioner submits that the District Inspector of Schools is duty bound to approve the resolution of the Committee of Management of recognized minority institution. The resolution so passed by the Committee of Management cannot be discarded by the District Inspector of Schools on the ground of seniority list. The order passed by the District Inspector of Schools dated 28th April, 2022 cannot be legally sustained, as the Committee of Management of a minority institution cannot be forced to hand over charge of officiating principal to any person, who does not have qualifications and training certificates, as required under the relevant Act and Rules for the post of regular principal. Learned counsel for the petitioner further submits that ignoring the resolution dated 27th March, 2022 passed by the petitioners' Committee of Management of a minority institution, the District Inspector of Schools vide order dated 28th April, 2022 proceeded to give the charge of officiating principal of the institution to Brajesh Kumar, which is bad in the eyes of law and against the relevant provisions. It is well settled principal that the minority institution has discretion to appoint any person of its own choice on the post of officiating principal but this right is hedged only by the condition that the said person must possess the requisite qualifications, as is prescribed under the appropriate Act and Rules for appointment on the post of regular principal. In support of the said plea, learned counsel for the petitioner has relied upon the judgment of this Court in the case of Khajan Singh & Others Vs. State of U.P. & 4 others reported in 2019 4 ADJ 697, wherein it has been held that seniority is not the rule, it is the wisdom of the committee of management to fix a good principle to run the institution and to fulfill the need of the students.

In view of the aforesaid, learned counsel for the petitioner submits that the order impugned cannot be legally sustained and is hereby quashed.

On the other-hand, the learned Standing submits that by the order impugned dated 28th April, 2022, the District Inspector of Schools has only made a stop gap arrangement in the institution by giving charge of officiating principal of the institution to Brajesh Kumar, who is third senior most teacher of the institution, only for the purposes of payment of salary of the teachers and other employees of the institution as well as for other urgent works, as there is a dispute between the two senior most teachers of the institution, namely, Dharmendra Kumar Upadhyay and Jai Pal Singh and the said dispute has already been engaging the attention of the Regional Joint Director of Education, Aligarh Region, Aligarh because the said dispute has been raised before the said authority. In the order impugned, it has also been mentioned that seeing the fact that salary for the month of March and April, 2022 of teachers and other employees of the institution have not been drawn in their favour, they are facing financial and mental agony, such stop gap arrangement has been made by giving charge of officiating principal to Brajesh Kumar. Learned Standing Counsel for the State-respondents further submits that in the judgment relied upon by the learned counsel for the petitioner in the case of Khajan Singh (Supra), it has been held that though it is the discretion of the committee of management of a minority institution to appoint any person of its own choice on the post of officiating principal but this right is hedged only with a condition that the person must possess the qualification and training certificate, as prescribed under the appropriate Act and Rules for appointment on the post of regular principal. In the said judgment it has also been clarified that it need not be the senior most person from the minority community, who has to be necessarily allowed to officiate as Principal. Thus, it is clear that this principal has been followed by the District Inspector of Schools, while passing the order impugned giving charge of officiating principal to third senior most teachers of the institution, seeing the fact that the dispute between the two senior most teachers of the institution is already engaging the attention of Regional Joint Director of Education. In the order impugned, it has also been mentioned that unless or until the dispute between the two senior most teachers of the institution is decided, no decision can be taken on the resolution of the Committee of Management dated 27th March, 2022 for attesting the signatures of Jail Pal Singh as officiating principal of the institution. The order impugned is not final order, as by the same, neither the resolution of the committee of management of the institution has been discarded nor approved by the District Inspector of Schools. By the order impugned, seeing the difficulties faced by the teachers and other employees of the institution, only stop gap arrangement has been made by giving charge to Brajesh Kumar who is third senior most teachers in the institution till the dispute between the two senior most teachers is decided. On the cumulative strength of the aforesaid, the learned Standing Counsel for the State-respondents submits that there is no illegality or infirmity in the order impugned so as to warrant any interference by this Court under Article 226 of the Constitution of India.

I have considered the submissions made by the learned counsel for the parties and have gone through the records of the present writ petition specifically the order impugned dated 28th April, 2022. Prima facie this Court finds substance in the submissions made by the learned Standing Counsel for the State-respondents that by the order impugned, the District Inspector of Schools has neither discarded nor approved the resolution of the Committee of Management of the institution dated 27th March, 2022 resolving the appointment of Jail Pal Singh as officiating principal of the institution. By the order impugned only stop gap arrangement has been made. Therefore, this Court finds that prima faice no case for grant of interim order is made out.

The stay application is accordingly rejected.

Order on Order-sheet

Learned Standing Counsel represents all the respondents. He prays for and is granted four weeks' time to file counter affidavit. Learned counsel for the petitioner shall have two weeks' time to file rejoinder affidavit thereafter.

List this matter on 26th July, 2022 in the additional cause list.

(Manju Rani Chauhan, J.)

Order Date :- 17.5.2022

Sushil/-