- (1.) The Committee of Management of Hindu Balika Uchchattar Madhyamik Vidyalaya Mirzapur (hereinafter referred to as the 'Institution'), which is a private aided Institution recognized under the provisions of the U.P. Intermediate Education Act, 1921 (hereinafter referred to as the '1921 Act'), has filed this petition for the following reliefs: (i) to issue a writ order or direction in the nature of prohibition prohibiting District Inspector of Schools, Mirzapur treating Smt. Rajni Jaiswal as Principal Hindu Balika Uchchattar Madhyamik Vidyalaya who has been terminated from service, since 23.10.2007 Annexure-1 and also restraining District Inspector of Schools, Mirzapur from paying salary to Smt. Rajni Jaiswal as a Principal of Institution, because action of District Inspector of Schools is without jurisdiction after the judgment of Supreme Court in T.M.A. Pai Foundation and others v. State of Karnataka and others, 2002 3 UPLBEC 2817, that it has to be ensured that even aided institution does not become Government owned and controlled Institution. (ii) to issue a writ order or direction in the nature of Prohibition, prohibiting State Government and authorities of State, to enforce the provisions of the U.P. Secondary Education Services Selection Board Act, 1982, in the Hindu Balika Uchchattar Madhyamik Vidyalaya Mirzapur, being in violation of declaration of law made by Supreme Court that laws of land, including rules and regulation must apply equally to Majority Institution and minority Institution and Section 30 of U.P. Secondary Education Services Selection Board Act, 1982 say nothing in this Act shall apply to an institution Established by Minority referred to clause (1) of Article 30 of Constitution of India. (iii) to issue a writ order of direction in the nature of Mandamus declaring the provision of the U.P. Intermediate Education Act, 1921 and U.P. Secondary Education Services Selection Board Act, 1982 unconstitutional and ultravire Act to the extent they takes away the right of the Management of select and appoint the Teaching and non Teaching staff of his own choice except they disfavour and discriminate non minority run institution from minority Institution being inviolation of declaration of law made by Supreme Court in T.M.A. Pai foundation case where in it has been laid down that non minority can establish and administer Educational Institution in the same manner and to the same extent as minority.
(2.) It is stated that the Committee of Management of the Institution terminated the services of the Principal of the Institution-Rajni Jaiswal and informed the District Inspector of Schools of this decision by the letter dated 23rd October, 2007, but still the District Inspector of Schools is continuing to pay salary to the Principal.
(3.) It is submitted by learned counsel for the petitioner that since the Institution is a private aided Institution, it alone has the authority to appoint teachers and enforce discipline amongst them and, therefore, there is no need to take prior approval for either appointment of teachers or for awarding punishment to them. It is his submission that the right to administrator the Institution includes the right to appoint and take disciplinary action and, therefore, Section 21 of the U.P. Secondary Education Services Selection Board Act, 1982 (hereinafter referred to as the '1982 Act'), which provides that the Management shall not, except with prior approval of the Board, dismiss any teacher or remove from service, shall not apply to the Institution. He has submitted that the Institution is entitled to enjoy the same rights as Minority Institutions. In support of his contention he has placed reliance upon the decisions of the Supreme Court in T.M.A. Pai Foundation and others v. State of Karnataka and others, 2002 8 SCC 481 and Brahmo Samaj Education Society and others v. State of West Bengal and others, 2004 6 SCC 224.;