- (1.) V. M. Sahai, J. Adarsh Janta Inter College, Aung, Fatehpur (in brief institu tion) is an un-aided and recognised in stitution imparting education upto Class VIII. In 1994 the institution was upgraded to High School and again it was upgraded to Intermediate in 1996. The institution is an un-aided institution and it was never in the grant-in-aid list of the State Government. The petitioner was appointed as As sistant Teacher in the institution on 1-7-1992 and no appointment letter was issued to him. It is alleged that salary of the petitioner is not being paid by the respon dents. In the year 1998 in the identify card issued to the petitioner it is stated that the petitioner was appointed on 1-7- 1998 as Hindi Lecturer. It has been stated in para graph 12 of the writ petition that the petitioner has been disengaged by respondents with ef fect from March, 2000. This writ petition has been filed for a direction to respondents No. 2 and 3 to permit the petitioner to function as lecturer in the institution and pay his salary since March, 2000.
(2.) SRI S. K. Mishra the learned Coun sel for the petitioner has vehemently urged that the petitioner was appointed in the institution and even though the in stitution is un-aided, the management could not even disengage the petitioner from service and he is entitled to salary. He has placed reliance on the decisions of this Court in Dharmendra Pal Dwivedi v. Dis trict Inspector of Schools and another, 2000 (2) LBESR 790 and Smt. Sashi Kala Singh v. District Inspector of Schools, Maharajganj and others, (2000) 1 UPLBEC 2327. He further urged that respondent No. 2 and 3 be directed to permit the petitioner to function as lec turer in the school and pay him salary since March, 2000. On the other hand, Sri K. K. Chand the learned Standing Counsel has urged that decision of this Court in Civil Misc. Writ Petition No. 51940 of 2000, Smt. Suman Lota Sharma v. Regional Joint Director of Education, Meerut and others, 2001 (42) ALR 401, decided on 4-12-2000 it has been held that a part- time teacher appointed under Section 7-AA of the U. P. Intermediate Education Act, 1921 (in brief Act) is not a teacher envisaged under Section 16-G of the Act. The service con ditions of such teachers are to be governed by the Government order dated 15-10-1986. The Government order dated 15-10-1986 provided that the scheme of engaging part-time teachers is being made on ex perimental basis for imparting education in the interest of the students and the pay ment was to be made from the own funds of the management. The Government order further provided that there was no age limit for appointing any person as part-time teacher and even a retired per son could be appointed as part-time teacher. A teacher working in a recognised unaided institution could not be said to be a regular teacher as envisaged by Section 16-G of the Act. He can only be a part-time teacher or an honorary teacher. He could be engaged or disengaged by the manage ment, which pays honorarium from its own resources. The controversy involved in the case is covered by the decision of this Court in Smt. Suman Lata (supra ).
(3.) THE other argument of the teamed Counsel for the petitioner is that the management and principal of the institu tion be directed to continue him as teacher and pay him salary is devoid of any merit. A full bench of this Court in Aley Ahmad Abidi v. District Inspector of Schools, Al lahabad and others, has held as below: "the Committee of Management of an Intermediate College is not a statutory body. Nevertheless, a Writ Petition filed against it is maintainable if such petition is for enforcement or performance of any legal obligations or duties imposed on such committee by a statute. " A writ of mandamus cannot be issued as a matter of course. It is a discreationary jurisdiction and can only be issued for en forcement or performance of statutory duty by administrative authority on an ap plication of a person who can show that he himself has a legal right to insist for such performance. A part-time on honorary teacher does not have any statutory right to claim continuance as a teacher in the institution nor the committee of manage ment is entrusted with performance of statutory duty. THErefore, a writ of man damus cannot be issued to the manage ment or principal to continue a part- time of honorary teacher nor it can be com pelled to pay any honorarium due to such teacher. For the reasons aforesaid, this writ petition fails and is accordingly dismissed. Petition dismissed. .;