SUNITA AGARWAL,J. - (1.) HEARD Sri Amit Saxena, learned counsel for the petitioners and Sri K.M. Garg, learned counsel for respondents.
(2.) SRI Amit Saxena, learned counsel for the petitioners pressing the prayers in the writ petition submits that the State authorities i.e. administrative authorities cannot interfere in the affairs of an educational institution and cannot issue direction to the Committee of Management of the institution in its day to day working.
(3.) CONTENTION is that respondent no. 7, a Library Clerk appointed in the institution in question was not performing his duties properly. He has taken leave from 19.3.2007 to 23.3.2007 on some personal reasons and thereafter, moved an application for sanction of further 20 days leave. Since thereafter, he never returned to the institution nor any information was sent. Even information has been published in the Daily Newspapers on 14.8.2007. A three member Committee constituted for conducting the disciplinary proceeding against respondent no. 7 submitted its report on 14.10.2007 recommending the termination of his services. Services of respondent no. 7 has been terminated on 31.10.2007 and necessary papers have been forwarded to the District Inspector of Schools, Bijnor for grant of approval. Respondent no. 7 did not turn up and has availed his political contacts and had pressurised the Manager of the institution to allow him to join and work. No medical certificates were submitted by respondent no. 7 for availing medical leave and on the information provided by him that he obtained medical prescription from PHC Shekhpuri Chauhad, District Bijnor between 5.4.2007 to 3.11.2007, the inquiry was done regarding genuineness of the said certificate by a letter dated 16.3.2008 written by the Secretary of the institution. An information dated 24.3.2008 was received from the Medical Officer, PHC, Shekhpuri Chauhad that there was nothing on record to substantiate the issuance of the said medical certificate. However, the political leaders kept on insisting the petitioner to allow respondent no. 7 to join. As no decision has been taken by the District Inspector of Schools regarding termination of services of respondent no. 7, a Writ Petition No. 23403 of 2008 was filed by the petitioner which was disposed of on 12.5.2008. The District Inspector of Schools was directed to take a decision on the termination of respondent no. 7, herein, after hearing him. Consequently, the proposal for termination of respondent no. 7 was disapproved by an order dated 22.10.2008 passed by the District Inspector of Schools, Bijnor. However, a direction was given to respondent no. 7 to submit original medical certificates for the period of medical leave before joining the institution.;