Tag Archives: Teachers

Management Shall Not Dismiss Any Teacher – Without Approval By The Board

Section 21 of U.P. Secondary Education Service Selection Board Act, 1982 provides that the management shall not, except with the prior approval of the Board, dismiss any teacher or remove him from service, or serve on him any notice of removal from service, or reduce him in rank or reduce his emoluments or withhold his increment for any period whether temporarily or permanently and any such thing done without such prior approval shall be void.

Section 21 of the U.P. Secondary Education Service Selection Board Act, 1982, has also been similarly interpreted by the Court in Hem Lata Agrawal v. District Inspector of Schools, 2003 (2) AWC 939. It was held as under: “The question whether the reversion of a teacher, who was appointed on temporary adhoc basis as Principal under Section 18 of the Act would amount to reduction in rank so as to require approval of the Board need not be considered here as whether or not it is a reduction in rank, it is clear that it amounts to reduction of emoluments. The petitioner is entitled to the salary for the post of Principal and reverting her, as a Lecturer would undoubtedly affect the emoluments to which she is entitled. The language of Section 21 of the Act is wide enough to cover within its scope the order impugned in this writ petition.”…. Kapil Deo Prasad V. Joint Director of Education 7th Region Gorakhpur, Writ – A No. – 442 of 2020, decided on 05.03.2020

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Approved – Scheme of Administration

Since salary to teaching and non-teaching staff has to be disbursed pursuant to bills presented under the signatures of the manager and he also signs on the cheque, it is imperative that the Inspector authorises only such representative of the management which is constituted in accordance with the scheme of management. In addition to the functions assigned to a management in the U.P. High Schools And Intermediate Colleges (Payment of Salaries of Teachers And Other Employees) Act,  of 1971, there are other responsibilities entrusted upon the management by virtue of provisions contained in the U.P. Intermediate Education Act, 1921. The U.P. Intermediate Education Act of 1921, therefore, contemplates that a scheme of administration shall exist for every institution recognized under the Act of 1921. The scheme of administration shall, amongst other matters provide for the constitution of a committee of management which is vested with the authority to manage and conduct the affairs of the Institution. The requirement of having such scheme of administration and also the particulars which it must contain are specified in Section 16-A of the Act of 1921. Sub-section (6) of Section 16-A mandates that every recognized institution shall be managed in accordance with the scheme of administration provided for in Sub-sections (1) to (6) thereof. Amendment has been made in the Act of 1921 to incorporate Section 16-CC and Section 16-CCC vide U.P. Act No. 1 of 1981. Third Schedule has also been added vide the same amending Act laying down principles on which approval to a scheme of administration shall be accorded. One of the factors specified in the Schedule is to provide for periodical elections. The scheme of administration is also required to be approved by the Deputy Director of Education.

    The object of enumerating need to have a scheme of administration and for a committee of management to be constituted as per it is to ensure that the body entrusted with the task of management functions in a democratic manner and the officials of the State interact only with a body duly elected in accordance with the approved scheme of administration. It is in this context that the term recognition needs to be understood for the committee of management of the Institution concerned. There is otherwise no specific provision in the Act of 1921 for grant of recognition.  Committee of Management Thakur Biri Singh Inter College v. State of U.P. , Writ – C No. – 28560 of 2019, decided on 25.02. 2020

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Filed under Scheme of Administration, Uttar Pradesh Intermediate Education Act, 1921

Authority Vested With Power to Exercise Discretion – Can Only Pass an Order

In Joint Action Committee of Air Line Pilots’ Association of India v. Director General of Civil Aviation, (2011) 5 SCC 43, it was observed as under:

        “It is a settled legal proposition that the authority which has been conferred with the competence under the statute alone can pass the order. No other person, even a superior authority, can interfere with the functioning of the statutory authority. In a democratic set-up like ours, persons occupying key positions are not supposed to mortgage their discretion, volition and decision making authority and be prepared to give way to carry out commands having no sanctity in law. Thus, if any decision is taken by a statutory authority at the behest or on suggestion of a person who has no statutory role to play, the same would be patently illegal.”

        In Writ – A No. 39180 of 1998, Vinod Kumar Singh v. District Basic Shiksha Adhikari, it was held as under:         “However, so far as the impugned order dated 24.10.1998 is concerned the said order has been passed by the District Magistrate directing the District Inspector of Schools not to release the salary of the petitioner. The said order has been assailed by the petitioner on the ground that the District Magistrate had no jurisdiction to pass any such order as it was only the educational authorities who were the competent authorities to pass any order, if at all. This controversy has already been settled by the Hon’ble Allahabad High court that the District Magistrate has no power or authority to pass any orders with regard to matters which are exclusively within the domain of the educational authorities.” Amitendra Shekha Mishra v. State of U.P., 2018 (6) AWC 5972.

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Minority Institutions – Conditions of Service and Tenure of Teachers

As per Article 30 of the Constitution of India all minorities based on religion or language have been granted the right to establish and administer educational institutions of their choice. The nature of right of a minority institution to establish and administer an educational institution has been the subject matter of consideration in various decisions of the Hon’ble Supreme Court. While the right to ‘establish’ an educational institution has been held to mean to bring into existence an educational institution, the word ‘administer’ means the right to manage and conduct the affairs of the institution. There is a freedom to choose the managing body, the Principal and the staff. There is also freedom to admit students of its own choice. However the right to administer is not an absolute right and there is requirement to comply with conditions of recognition and affiliation. The right to administer has been held not to include the right of mal-administer. The general rules and regulations relating to the conditions of service and tenure of teachers under the employment of minority institutions are required to be consistent with such rules and regulations as framed by the State. Applicability of the provisions of Article 30(1) of the Constitution to a minority institution would not make it immune from the operation of regulatory measures. The extent of regulations by the State is permissible in the matter of service conditions of employees but without interfering with the overall administrative control by the Management over the staff. Professor Manorama Prakash Khandekar v. State of Maharashtra, 2020 SCC Online Bom 471.

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Filed under Conditions of Service and Tenure of Teachers