S.Rafat Alam and Sudhir Aqarwal, JJ. - (1.) This special appeal has been preferred by the petitioner-appellant against the judgment of the Hon'ble Single Judge dated 12.7.2006 in Civil Misc. Writ Petition No. 43611 of 2001 whereby the writ petition filed by the Committee of Management-respondent No. 1 has been allowed and the proceeding initiated by the appellant by filing appeal before the Deputy Director of Education has been quashed. Further Civil Misc. Writ Petition No. 6577 of 2005 filed by the appellant challenging the selection process and the appointment of Prashant Sharma has been dismissed.
(2.) We have heard Mr. Manish Goyal, Learned Counsel for the appellant.
(3.) The brief facts giving rise to this appeal are that the appellant claims to be working as Lecturer in A. B. Vidhyalay Inter College, Kanpur Nagar which is a minority institution. The services of the petitioner-appellant were terminated vide order dated 4.7.1988 against which Civil Misc. Writ Petition No. 13428 of 1988 was preferred by him which was allowed by the Hon'ble Single Judge vide judgment dated 16.3.1999, on the ground that the termination of a teacher of a recognised institution could not be made without the approval of the District Inspector of Schools as required under Section 16-G(3)(a) of the U.P. Intermediate Education Act, 1921 (for short the Act). The Committee of Management of the institution preferred Special Appeal No. 298 of 1999 which was allowed vide judgment dated 15th September, 1999 setting aside the judgment of the Hon'ble Single Judge and it was held that the institution being minority institution, the provision requiring termination of service after prior approval of the District Inspector of Schools is not applicable thereto. The relevant observations made by the Division Bench in the judgment dated 15th September, 1999 is reproduced as under: In our opinion the aforesaid observation of the Supreme Court make it clear that hiring and terminating the service of teachers and other staff in an educational institution is a part of management of the institution and hence has the protection of Article 30 of the Constitution. As such no approval is necessary for terminating the service of teachers and other staff in minority educational institution. In view of the said judgment of the Supreme Court the aforesaid Full Bench decision in J. K. Kalra's case is no longer good law. The appeal is hence allowed. The order of the learned Single Judge is set aside including all consequential orders passed by the authorities.;