Tag Archives: Uttar Pradesh Intermediate Education Act

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

Selection – Deemed to Have Been Approved

On perusal of Section 16-FF of the U.P. Intermediate Education Act, 1921, it is evident on the face of it that without approval of the District Inspector of Schools, no appointment on the post of Lecturer or Assistant Teacher in L.T. Grade can be made in the institution recognized under the Act of 1921. It is further clarified that on submission of papers in case the District Inspector of Schools do not pass any order within a period of 1 month, then the selection is deemed to have been approved. Dr.Hemant Chaudhary V. State of U.P., Writ – A No. – 1821 of 2020, Decided on March 3, 2020

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Teacher appointed on Ad Hoc Basis – In a Short Term Vacancy

In Smt. Pramila Mishra v. Deputy Director of Education, 1997 (2) UPLBEC 1329 (FB), it was held as under:

        “A teacher appointed by the management of the institution on ad hoc basis in a short term vacancy (leave vacancy/suspension vacancy), which is subsequently converted into a substantive vacancy in accordance with the provisions of the Uttar Pradesh Secondary Education Services Selection Board Act, 1982, Rules and Orders (On death, resignation, dismissal or removal of the permanent incumbent), cannot claim a right to continue. He has, however, a right to be considered alongwith other eligible candidates for ad hoc appointment in the substantive vacancy if he possesses the requisite qualifications.” Ram Govind Rai v. District Inspector of Schools, 2018 (4) AWC 3813.

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Termination or Resignation – Statutory Regulations under the Uttar Pradesh Intermediate Education Act

The statutory regulations framed under the Uttar Pradesh Intermediate Education Act, 1921, control both the management as well as the teacher’s right to terminate or resign from service. Regulation 26 under the Uttar Pradesh Intermediate Education Act, 1921 is in positive terms. Under it, the management can terminate the service of a permanent employee by giving him three month’s pay in lieu thereof. Giving of the three months’ notice or pay in lieu thereof is a condition precedent for the management to exercise its right to terminate the services of an employee. Regulation 29 under the Uttar Pradesh Intermediate Education Act, 1921 enables an employee to resign either by giving notice or pay in lieu thereof. The notice or pay to refer to the notice or pay to which he would have been entitled in case of termination by the management. Accordingly, an employee can resign only by giving a notice of three months’ or pay in lieu thereof. This shows that an employee has no unfettered right to resign.

        Regulation 29 under the Uttar Pradesh Intermediate Education Act, 1921 enables an employee to resign with certain conditions with intention to protect the interest of the institution/management. If we carefully read Regulations 29 and 30 under the Uttar Pradesh Intermediate Education Act, 1921, it is crystal clear that an employee has no unfettered right to resign. He can exercise the right  of resignation only in accordance with the provisions of Regulations 29 and 30. The requirement of furnishing three months’ notice under the aforesaid regulations is to ensure for the benefit of the management and is therefore, a requirement which can be waived by the management.         A period of three months’ notice is provided for the benefit of the management so that the management would not find any difficulty in appointing a substantive teacher. Therefore, it is open for the management to give up the advantage conferred by the regulation and accept the resignation forthwith. Ramendra Kumar  v. State of U.P., 2018 (6) AWC 5976.

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Powers of District Inspector of Schools – Suspension of Head or a Teacher

An order of suspension of the Head or a Teacher, as the case may be, would become inoperative after lapse of sixty days but would continue to exist though inoperative but would become effective immediately on approval of District Inspector of Schools. In the event of the District Inspector of Schools disapproving the suspension, the order would become non est and would not exist in the eye of law unless the order of disapproval is set aside by the competent court/authority.         The District Inspector of Schools while exercising power under sub-section (7) of Section 16 G of the U.P. Intermediate Education Act acts in a supervisory capacity. He has to record brief reason to accord approval or disapproval to any order of suspension passed by the Management. The District Inspector of Schools has to examine the papers so transmitted but would have no right to address on the merit of the charges, but has only to see on, prima facie basis, as to whether, charges have any substance. The issue in that regard has to be examined in departmental enquiry to be held against the Principal/Teacher. Committee of Management, D.P.S.N. Inter College v. State of U.P., 2018 (5) AWC 4767.

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Minority Institutions – Appointment Against Vacancies

The freedom of the minorities institution in making selection and appointment against the vacancies in the institution has come to be considered in many cases by the Hon’ble Apex Court. In Manager, Corporate Educational Agency v. James Mathew, (2017) 15 SCC 595 it was held that the emerging position is that, once the management of a minority educational institution makes a conscious choice of a qualified person from the minority community to lead the institution, either as the Headmaster or Principal, the court cannot go into the merits of the choice or the rationality or propriety of the process of choice. In that regard, the right under Article 30(1) of the Constitution of India is absolute.  Hari Om Yadav v. State of U.P., 2020 (1) AWC 940.

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