R.A.Sharma, J. - (1.) Petitioner is lecturer in Lala Gaya Prasad inter College, Kora Jahanabad district Fatehpur (Herein after referred to as the college) and has been appointed as officiating Principal after retirement of the regular Principal. Vide order dated November 5, 1994 services of the petitioner as officiating Principal as well as lecturer have been terminated by the Manager of the college in pursuance of the resolution of its Committee of Management. Being aggrieved by.it the petitioner has filed this writ petition.
(2.) The sole grievance raised by the learned counsel for the petitioner is that the service of the petitioner has been terminated without obtaining the requisite approval from the Board. The fact that such approval has not been obtained has been admitted by the respondent in paragraph 43 of the counter-affidavit.
(3.) Section 21 of the U.P. Secondary Education Service Commission and Selection Board Act, 1982 (herein after deferred to as the Act) has laid down that the management shall not. except with the prior approval of the Board, dismiss any teacher or remove him from service. The said Section places embargo against the removal of teacher by the management without prior approval from the Board. Section 21 of the Act is reproduced below : "21. Restriction on dismissal etc. of teachers: The Management shall not, except with the prior approval of the Board, dismiss any teacher or remove him from service, or serve on him any notice of removal from service, or reduce him in rank or reduce his emoluments or withhold his inherent for any period (whether temporarily or ) and any such thing done without such prior approval shall be void.'';