Court No. - 26 Case :- WRIT - A No. - 872 of 2010 Petitioner :- C/M Ram Pyari Arya Kanya Inter College & Another Respondent :- State Of U.P. & Others Petitioner Counsel :- Gautam Baghel,P.S. Baghel Respondent Counsel :- C.S.C.,S.C. Dwivedi Hon'ble Shishir Kumar,J.
Heard Sri P.S. Baghel, learned Senior Advocate assisted by Sri
Gautam Baghel for the petitioners and Sri S.S. Dwivedi learned
counsel appearing for the respondents as well as learned Standing
Counsel.
The grievance raised by the petitioners in the present writ petition
is that the District Inspector of Schools in view of Section 6 of the
U.P. Secondary Education Service Commission (Procedure for
approval of punishment) Regulations 1985 has got no jurisdiction
to scrutinize and see the validity of an order passed against a
teacher by the Committee of Management for the purpose of
termination of the service of a teacher. The petitioners made a
detailed inquiry and after giving full opportunity to the respodnent-
teacher, sent all the relevant papers for the purpose of forwarding
to the Commission to the District Inspector of Schools. But the
District Inspector of Schools has issued notice to the petitioners on
23.12.2009 for appearing the petitoners as well as the respondent-
teacher regarding hearing on the validity of the order of
termiantion.
Sri P.S. Baghel, learned Senior Advocate appearing for the
petitioners submits that in view of the Regulations of 1985 and in
view of Rule 6 of the Regulations the District Inspector of Schools
is an authority to see that the papers sent by the Committee of
Management are complete and it has to be forwarded to the
Commission within 30 days from the date of receipt of the papers.
He has got no jurisdiiton to judge the validity, legality and
illegality as the order passed by the Committee of Management. In
such circumstances, learned counsel for the petitioners submits
that the order dated 23.12.2009 is illegal and without jurisdiction.
Further submission has been made that he will appear on the next
date but a direction to that effect be issued to the District Inspector
of Schools only to see strictly in accordance with Regulation 5 that
the papers submitted by the Committee of Management are
complete and if that is so, the same my be forwarded to the
Commission.
In view of the aforesaid fact this writ petition is being disposed of
finally directing the District Inspector of Schools to fix another
date and a notice to that effect be issued to the petitioners
Committee of Management within a week from the date of receipt
of the certified copy of the order and on the date fixed, he will
scrutinize the relevant records whether they are complete strictly in
accordance with Regulations 5 of the Regulations of 1985 and if
that is so, he will forward the paprs to the Commission in view of
Rule 6 of the Regulations within three weeks from the date fixed
by the relevant authority. It is made clear that he will not scrutinize
regarding the validity, illegality of the order of termination passed
by the petitioners. His only job is to forward all the papers, if they
are complete strictly in accordance with Regulation 5 of the
Regulations.
The writ petition is disposed of accordingly.
No order is passed as to costs.
Order Date :- 11.1.2010
V.Sri/-