Kamal Narain Singh, J. - (1.) The Petitioner was appointed teacher in C.T. Grade on one year's probation in the Sindhu Vidya Mandir Junior High School, Alopi Bagh, Allahabad, on the recommendation of a duly constituted selection committee. The Petitioner opined her services on 1.02.83. The Management of the institution terminated the Petitioners services by its order dated 31.12.1983. The Petitioner preferred a representation before the District Basic Shiksha Adhikari, Allahabad, against the aforesaid order of the Management. Since no prior approval of the District basic Shiksha Adhikari had been obtained by the Management to discharge the Petitioner from service, the District Basic Shiksha Adhikari allowed the Petitioner's representation and set aside the order of the Committee of Management and issued direction for the Petitioner's reinstatement by order dated 13.01.84 The Management of the institution, thereupon, recalled the order of discharge and reinstated the Petitioner in service. On 01.02.1984 the Management extended the Petitioner's probationary period by six months. Before the expiry of the extended period of probation, the Management terminated the Petitioner's services on 31.07.84. The Petitioner preferred representation to the Basic Shiksha Adhikari against the order of termination. By his order dated 17.01.1985 the Basic Shiksha Adhikari upheld the Management's action and rejected the Petitioner's representation. Aggrieved, the Petitioner has approached this Court by means of this petition Under Article 226 of the Constitution challenging the order of termination as well as the order of the District Basic Shiksha Adhikari, Allahabad.
(2.) Sindhu Vidya Mandir Junior High School is an educational institution which is maintained by a society and the management of the institution is carried on by a Committee of Management. The institution is recognized and aided, under the U.P. Basic Education Act, 1972. The recruitment and conditions of service of persons appointed as teachers or employees in the recognized basic educational institutions are regulated by the provisions of the U.P. Basic Education Act, 1972, and the rules framed there under. The U.P. Board of Basic Education is constituted Under Sec. 3 of the Act and it is entrusted to organise, co -ordinate and control the imparting of basic education and teachers' training there for in the State. The Act provides for constitution of Zila Basic Shiksha Samitis and appoint a Zila Basic Shiksha Adhikari to supervise and control the functioning of the basic institutions imparting basic educations. Sec. 19 confers power on the Board and on the State to frame rules providing for the recruitment and conditions of service of persons appointed to the posts of officers, teachers and other employees. In exercise of that power the State Government has framed the U.P. Recognised Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Teachers) Rules, 1978, hereinafter referred to as ' the Rules '. These Rules prescribe qualifications of teachers and procedure for recruitment and other conditions of service of teachers. Rule 12 provides that an Assistant Teacher of a recognised school may in the first instance be appointed on probation of one year which may be extended for a further period not exceeding one year. Clause (2) of the Rule further provides that if the service of Head Master or teacher of a recognised school is not terminated before the expiry of the period or the extended period of probation, he shall be deemed to have been automatically confirmed on the expiry of such period. Rule 15 lies down that the services of a teacher shall not be discharged except with the prior approval, in writing, of the District Basic Education Officer. This Rule prescribes restriction on the right of management to discharge services of a teacher.
(3.) The provisions of the Rules as discussed earlier provide that appointment of a teacher shall be made on probation of one year, which may be extended for a further period of one year. The Management has no power to extend the probationary period beyond the extended period of one year and if the service of a teacher is not dispensed with within the probationary period, he would be deemed to have been confirmed on the expiry of the probationary period. The Management has right to discharge the services of a teacher who may be on probation before or at the expiry of the period of probation ; but, the order of discharge cannot be issued except with the prior approval of the District Basic Education Officer as contemplated by Rule 15. Any order of discharge passed by the Management dispensing with the services of a teacher who may be on probation without obtaining the prior approval of the District Basic Education Officer would be illegal as it would be in contravention of the statutory provisions contained in Rule 15. The policy underlying the Act and the Rules is to regulate the exercise of powers by the Managing Committees in discharging or dismissing teachers, employed in the recognised institutions. The restriction on their power has been made with a view to curb the tendency of unscrupulous management to dispense with the services of teachers who may be inconvenient to the management for any reasons. The Act and the Rules provide safeguard to the teachers and employees.;