K.N. Singh, J. - (1.) THIS is a petition under Article 226 of the Constitution for the issue of a writ of mandamus directing the management of Adarsh Higher Secondary School, Mahuwa Bagh, Ghazi-pur, to treat the petitioner in service and to pay his salary. Adarsh Higher Secondary School, Mahuwa Bagh, Ghazipur, is a recognised and aided Institution. It has Managing Committee constituted in accordance with the scheme of administration duly approved by the authorities under the provisions of the U.P. Intermediate Education Act. The petitioner was appointed a teacher in the C.T. grade at a time when the Institution was a Junior High School. Later on the Institution was raised to the standard of High School. Selection for appointment to the post of teacher in the L.T. grade was held. Petitioner appeared before the selection committee but none was selected. The management, however, permitted the petitioner to work in L.T. grade for the session 1970-71. In July, 1971 when the petitioner reported for duty he was not allowed to join service. The petitioner made representation to the District Inspector of Schools claiming that he was a confirmed teacher in C.T. grade and that he was entitled to work as a teacher and drew salary in L.T. grade. The District Inspector of Schools by his order dated June 28, 1972 held that the petitioner was not entitled to L.T. grade as his appointment in that grade had never been approved by him, but the petitioner was entitled to continue as teacher in the C. T. grade as he has had become permanent in that grade. Thereafter the petitioner went to the institution to join his duties but the management and the Principal did not permit him to perform his duties and he was not paid any salary. The petitioner made representations to the Deputy Director of Education, who issued direction to the management and even thereafter the management did not permit the petitioner to join his duties. Aggrieved the petitioner filed the present petition for the issue of a mandamus directing the respondent management to reinstate the petitioner and to pay all his salary.
(2.) UNDER the U.P. Intermediate Education Act and the Regulations framed there under services of a teacher cannot be dispensed with by a committee of management unless prior approval is obtained from the District Inspector of Schools. There is no dispute that the petitioner's services were not terminated by the management and that no prior approval was obtained from the District Inspector of Schools for terminating the petitioner's services in C.T. grade. The provisions for prior approval in case of a permanent teacher is mandatory and in the absence of such approval his services as a teacher cannot be terminated. If the management seeks to terminate the services of a teacher without obtaining approval the order of termination would be null and void and the teacher is entitled to continue in service. In the instant case the petitioner's services were never terminated after obtaining prior approval from the District Inspector of Schools and as such he is entitled to continue as a teacher in C.T. Grade. As regards the petitioner's claim to continue as teacher in the L.T. Grade, the findings recorded by the District Inspector of Schools fully show that the petitioner was never appointed in L.T. grade after obtaining approval from the District Inspector of Schools. Since no approval was granted the petitioner cannot claim any right to hold the post of a teacher in L.T. Grade. He is therefore, not entitled to any relief in this respect. The question then arises as to whether any mandamus can legally be issued to the committee of management of the Institution. The committee of management in the instant case has been constituted in accordance with the scheme of Administration approved under Section 16-A of the Act. Since the Committee of Management has been established and constituted in accordance with the provisions of the Act, it is statutory body having statutory nature. The Committee of Management is required to function in accordance with the statutory provisions contained in the Act and the Regulation. If it fails to discharge his functions in accordance with the statutory rules, it is open to the Court to issue direction to it to act in accordance with law. As already discussed the Committee of Management has illegally terminated the petitioner's services without obtaining approval from the District Inspector of Schools. In the circumstances it is open to the Court to issue mandamus to the Committee of Management to treat the petitioner as a teacher of the Institution.
(3.) IN view of the above discussion I allow the petition and direct the respondent Committee of Management to treat the petitioner as teacher in the C.T. grade and to pay all his salary and allowances due to him. There will be no order as to costs.;