Court No. - 18 Case :- WRIT - A No. - 8557 of 2009 Petitioner :- Smt. Nisha Verma & Another Respondent :- District Basic Education Officer, Aligarh & Another Petitioner Counsel :- Rajesh Kumar Chauhan Respondent Counsel :- C.S.C. Hon'ble Arun Tandon,J.
Petitioner before this Court, who are two in number, claim to have been
appointed as Assistant Teachers in Sri Maheshwari Montessori Bal Mandir,
Aligarh, which according to the petitioner is a recognized and aided
educational institution run by private management. In paragraph 3 it is stated
that the provisions of U.P. Recognized Basic School (Recru8tment and
Condition of Services of Teachers and other Employees) Rules, 1975 are
applicable.
Petitioners claim to be working continuously since 1987 and they are
aggrieved by the order of the Manager of the institution, whereby the
appointment of the petitioners has been brought to an end (copy of the orders
have been enclosed as Annexure-8 and 9 to the writ petition). The order
impugned records that the appointment was offered to the petitioners on the
strength of a letter issued by the Regional Assistant Director of Education
(Basic), Agra dated 15.07.1987. Subsequently it was reported that the letter
did not contain the signature of the officer concerned and therefore the
Director of Education (Basic) vide letter dated 29.03.2004 directed that the
payment of salary shall not be released till verification of the letter dated
15.07.1987, referred to above. Subsequently the Basic Shiksha Adhikari vide
letter dated 06.11.2004 has informed that the letter could not be verified and
therefore the Committee of Management in its meeting held on 01.07.2005
has decided to remove the petitioners from service. It is against this order that
the present writ petition has been filed.
I have heard counsel for the petitioner and examined the orders passed by the
Manager dated 18.12.2008 and dated 12.01.2009 (Annexures-8 and 9 to the
writ petition).
Under the order dated 18.12.2008 a liberty was afforded to the petitioner to
remove the objection raised with regard to the letter dated 15.07.1987 so that
further action may be taken within ten days.
In the writ petition it has been stated that the Committee of Management has
no power to terminate the services of the petitioners without affording
opportunity of hearing and without following the mandatory provisions of
1975 Rules and that the Committee of Management, which has passed the
order, is not a valid committee.
The Court may only refer to Rule 9 of 1975 Rules, which provides that no
appointment of teacher in a recognized school shall be made except with the
prior approval of the Basic Shiksha Adhikari obtained in writing. From the
records of the present writ petition it is apparently clear that there exist no
order of the Basic Shiksha Adhikari granting prior approval to the
appointment of the petitioner in writing. Further detail procedure in respect of
matter of appointment has also been provided. The procedure apparently has
not been followed.
In view of the aforesaid, this Court finds no good ground to interfere with the
matter. Writ petition is dismissed.
Order Date :- 21.7.2010
Pkb/