K.C.Agrawal, J. - (1.) This petition is directed against an order of the Manager of Gopi Ram Paliwai Intermediate college, Aligarh, terminating the service of Che petitioner.
(2.) The petitioner was appointed as a teacher in the aforesaid college in June, 1968. He was appointed after the Managing committee had obtained approval of the District Inspector of Schools under Section 16 F of the U P. Intermediate Education Act. It, however, appears that some time in 1974 a Member of the Legislative Assembly raised the question of the validity of the appointment of the petitioner and several others on the ground that these persons were although the relations of the office bearers of the Managing Committee but they had been appointed as teachers in breach of the provision contained in Chapter III of Regulation 4 of the U. P. Intermediate Education Act. Pursuant to the aforesaid question, the Director of Education, Lucknow, wrote a letter on 2.7. 1974 to the District Inspector of Schools, Aligarh requiring him to look into the matter and get the needful done by terminating the service of the petitioner and other teachers who were mentioned in that letter. On his June, the District Inspector of Schools directed the Manager, of Gopi Ram Haliwal Intermediate College, Aligarh through the letter dated 16th August, 1974 to terminate the service of the petitioner. The ground given in this letter was that as the petitioner was closely related to the Manager, he cold not have been appointed as a teacher in the said college in the year 1968. Upon the receipt of the said letter from the District Inspector of Schools, the Manager terminated the service of the petitioner on September 3, 1974. Apart from the petitioner, there were several other teachers whose services were terminated by the Manager on the said ground. Being aggrieved, the petitioner tiled the present writ.
(3.) Sri V.B. Khare, learned counsel for the petitioner, urged that the order of the District, Inspector of Schools directing the Manager of the College, Gopi Ram Paliwai to terminate the service of the petitioner is invalid as well as the District Inspector of Schools had no authority under the U. P. Intermediate Education Act to issue such a letter and to call upon the Manager to terminate the service of the petitioner. Counsel urged that the scheme for termination of the service of a teacher are given in the U. P. Intermediate Education Act. His service could, therefore, be terminated in accordance with the provisions made in the Act. As the petitioner's service had not been terminated in pursuance of the procedure, the order was invalid.;