V.N. Khare, J. - (1.) THIS special appeal arises out of order and judgment of learned single Judge dated 18.4.1995.
(2.) THE Appellant is a Committee of Management constituted under the provisions of Uttar Pradesh Intermediate Education Act, 1921 and the regulation framed there under. There is duly framed scheme for the institution known as Swami Chidghamanand Geeta Vidyalaya Inter College, Ganj (Gangani), district Firozabad (hereinafter referred to as the institution). The Committee of Management is required to act in accordance with the provisions of scheme of administration and provisions of Act as well as the regulations framed there under. Respondent No. 1 was appointed as a Lecturer in the institution and subsequently confirmed as such. By the Order dated 30.5.1994, the manager of institution compulsorily retired Respondent No. 1 from the service. Aggrieved, Respondent No. 1 filed a petition Under Article 226 of the Constitution of India. The learned single Judge, by the Order and judgment dated 18.4.1995, allowed the writ petition and quashed the order compulsorily retiring Respondent No. 1. Sri P.N. Saxena, learned Counsel appearing for the Appellant urged that since power of appointment includes the power to terminate the service of an employee, the Committee of Management, having power to appoint Respondent No. 1 has power to compulsorily retire him from the service. The argument raised is totally devoid of merit. At the first instance, a perusal of provisions of the Uttar Pradesh Intermediate Education Act, 1921 (hereinafter referred to as the Act) and the Uttar Pradesh Secondary Education Service Commission and Selection Boards Act. 1982 (hereinafter referred to as the Commission Act) show that the power of the appointment is not with the Committee of Management in absolute term. The power of appointment is exercisable only in the manner provided Under the Act. The provisions of the Act further show that a teacher can be appointed through the process of selection which is conducted by the Uttar Pradesh Secondary Education Service Commission and the terms and conditions of service of a teacher is regulated by the provisions of the Act and the regulations framed there under. Regulation 21 of Chapter III of the Regulations made under the Act provides that a teacher in the Government -aided institution shall continue in service for a period up to the age of sixty years. A confirmed teacher is entitled to continue in service until he attains the age of superannuation or his service is dispensed in accordance with the provisions of the Act and regulations framed there under. There is no provision in the Act or Regulations which empower a Committee of Management to retire a teacher before he attains the age of superannuation. The Regulation 32(2) of Chapter III of the Regulations made under the Act provides that an employee may be removed from the service on the ground of gross insubordination, deliberate or serious neglect to duty, gross misconduct or omission of an act which constitutes a criminal offence only after following the procedures laid down there under. Initially, there may be an offer and acceptance at the time of appointment but this contractual relationship ceases as soon as a teacher is appointed in accordance with the provisions of the Act. On appointment, a teacher acquires status and this status is governed by the provision of the Act and not by mere agreement of the parties. In the present case, there is no provision in the Act or Regulations empowering the Committee of Management to compulsorily retire a teacher before he reaches the age of superannuation. In the absence of such provisions, the termination of service of respondent No. 1 was in fact removal from the service without following the provisions of the Act. We are, therefore, of view that compulsory retirement of the petitioner is in fact removal from the service. Admittedly, the procedures provided under the Act and the Regulations having not followed while terminating the service of respondent No. 1, the termination of service of respondent No. 1 is illegal and void.
(3.) IN view of what has been stated above, the special appeal fails and is accordingly dismissed.;