Hon'ble Arun Tandon, J. - (1.) HEARD Sri Arvind Srivastava, learned counsel for the petitioners, Sri T.N. Tiwari, learned counsel for respondent No. 7 and learned Standing Counsel for State-respondents.
(2.) BEFORE adverting to the merits of the present writ petition, this Court may consider the challenge made to the vires of Section 18 of the U.P. Secondary Education Services Selection Board Act, 1982 (hereinafter referred to as the "Act, 1982"). Petitioner, by means of amendment application challenges the vires of Section 18 of Act, 1982, which regulates the mode and manner of ad hoc appointment on the post of principal/headmaster till a regularly selected candidate recommended by the U.P. Secondary Education Services Selection Board is appointed. Learned counsel for the petitioner submits that the State Government merely because it provides financial assistance cannot interfere in the right of the private management to administer the institution, which includes a right to appoint ad hoc principal/headmaster/teacher.
(3.) LEARNED counsel for the petitioners has placed reliance upon the judgment of the Hon'ble Supreme Court of India in the case of Brahmo Samaj Education Society and others v. State of W.B. and others, (2004) 6 SCC 224. Contention so raised on behalf of the petitioners is totally misplaced. It is not in dispute that the institution in question has obtained recognition as intermediate college under the provisions of U.P. Intermediate Education Act, 1921. The State legislature has enforced U.P. Act No. 5 of 1982, in order to regulate the mode and manner of appointment on the post of principal and teachers of such recognised institution, so as to ensure that qualified and eligible persons are appointed in the intermediate college, which are the backbone of the education system of the State. The procedure as prescribed in the matter of regular appointment shall necessarily take sometimes. The institution cannot remain without a head in the meantime. The State legislature, by means of Section 18 of Act, 1982, has made a provision for appointment on ad hoc basis on the post pending regular selection. The senior most qualified teachers of the institution has been directed to be so appointed. Such provision, in the opinion of the Court, does not infringe any of the rights of the Management to administer the institution, as may be referable to Article 19 (1) of the Constitution of India.;