- (1.) A short counter affidavit filed today is taken on record.
(2.) The Committee of Management passed a resolution terminating the services of respondent no.5, Lallan Singh. The said resolution of the Committee of Management was set aside by an order dated 18.10.2017, passed by the District Inspector of Schools with a further direction to clear the arrears of wages of respondent no.5. The Committee of Management, being aggrieved, filed writ petition No.60641 of 2017, which was dismissed by an order dated 18.12.2017 by the learned Single Judge on the ground that the petitioner has a remedy of filing an appeal before the Regional Deputy Director of Education under Section 16-G(3)(c) of the U.P. Intermediate Education Act. The petitioner, being aggrieved, has filed an appeal under Chapter VIII Rule 5 of the Rules of the Court.
(3.) Sri Ashok Khare, the learned Senior Counsel assisted by Sri Rajjan Singh Yadav, the learned counsel for the appellants submits that the District Inspector of Schools had no authority to pass an order since the power to approve or disapprove the order of termination lies with the Board under Section 21 of the U.P. Secondary Education "Selection" ("Services " " Selection (2)") Boards ) Act, 1982 (hereinafter referred to as the Act of 1982) and, therefore, the question of filing an appeal against an order passed without authority does not arise.;