B.L.Yadav - (1.) WHETHER Statutes 24.03 and 24.04 of the First statutes of the Allahabad University, requiring approval in writing of the District Inspector of Schools for any disciplinary action against Class IV employees of Degree Colleges, and the provisions of appeal to the Regional Deputy Director of Education against the order of the District Inspector of Schools, are violative of Article 30 of the Constitution of India, are the points that fall for determination in the present petition under Article 226 of the Constitution of India filed by the Committee of Management, Hamidia Girls Degree College, Allahabad, seeking relief of a writ of certiorari quashing the order dated 9-11-1987 passed by the District Inspector of Schools, (Annexure-3 to the petition), disapproving the order of the Committee of Management, terminating the services of Smt. Asghari Begam, a Class IV employee and modifying it, and the order dated 25-3-88 (Annexure-6), passed by the Deputy Director of Education, IVth Region, Allahabad in appeal filed by the Committee of Management, partly allowing the appeal to the extent that in continuation of stoppage of two increments of Smt. Asghari Begam, it was also directed that during her suspension she would be entitled to her maintenance allowance and no other amount.
(2.) THE portrayal of essential facts need not detain much. THE aforesaid College is recognised as a minority institution and the provisions of Article 30 of the Constitution of India apply to it. Respondent no. 3 was a IVth Class employee working as Dai in the college. She was alleged to be guilty of serious charges of misconduct including disobedience of the orders of Principal and other authorities of the College, and of having used unparliamentary language including misappropriation of a sum of Rs.600/-, as she was the employee deputed to open and close the office and to clean it. But she left the key with the almirah opened on 17-5-86. THE charges being serious in nature, she was suspended from service on 5-7-86. THE Principal of the College on 6-10-87 appointed Smt. Naseem Bano, Lecturer in Urdu as Enquiry Officer, who submitted her report on 30-10-86. Relying upon that report the Principal of the College terminated the services of Smt. Asghari Begam and sent that order for approval to the District Inspector of Schools under . Statutes 24.03 of the Allahabad University First Statutes, who after hearing the parties, set aside the order of termination and holding the charge of using unparliamentary language to be proved, directed by his order dated 9-11-87 (Annexure-3) that two increments may be stopped. Against that order the petitioner preferred an appeal under Statute 24.04 of the First Statute of the Allahabad University before the Deputy Director of Education, who by his order dated 25-3-88 partly allowed the appeal to the extent of maintaining the setting aside of the order of termination passed by the District Inspector of Schools. But he granted a bit more relief to the petitioner in the sense that during her suspension period the respondent no. 3 would be entitled only to her subsistence allowance and not to any other amount of her pay. Against this order the present petition has been filed. Sri M. A. Qadeer, learned counsel appearing for the petitioner urged that as petitioner no. 2 was a minority institution the provisions of Article 30 of the Constitution were applicable to the same. Hence Statutes 24.03 and 24.04 of the First Statute of Alld. University requiring approval of the District Inspector of Schools and the appeal to the Deputy Director of Education, were violative of Article 30 of the Constitution. It was also urged that in any view of the matter under Statute 23.03 the District Inspector of Schools, at the best has got the power to approve or not to approve the order passed or the punishment awarded by the Principal or the Committee of Management. But he has no power to modify the order of punishment or to substitute with another order. In the instant case he urged that either the order terminating respondent no. 3 from service ought to have been approved or disapproved, but he must not have ordered the setting aside of termination of service and substitute the same with an order withholding two increments of the employee concerned. Reliance was placed on St. Josephs Higher Secondary School v. R. S. Sharma, 1976 AWC 143 = AIR 1976 Alld. 199 ; J. S. Mahasabha v. District Inspector of Schools, Meerut, 1979 ALJ 1079 and Saran Kumar Gaur v. State of U. P., 1988 ALJ 947 (DB). The learned Standing Counsel was also heard and he supported the impugned order. It was urged that orders of District Inspector of Schools and Deputy Director of Education are perfectly correct and do not violate the fundamental rights of the petitioners as envisaged by Article 30 (1) of the Constitution. The right of the minorities was only to establish and administer and not to mal-administer the institution. In case some regulatory measures were made applicable with a view to improve the working of the institution or the conditions of service of employees or teachers or with a view to prevent the arbitrariness of the management, the same could not be said to be an interference with the fundamental rights contemplated under Article 30 (1) of the Constitution. Reliance was placed on Frank Anthony Public Schools Employees Association v. Union of India, AIR 1987 SC 311.
(3.) IN order to appreciate the submissions of the learned counsel for the petitioners, ex abundanti cautela, the relevant provisions of Statute 24.03 and 24.04 are set out below :- "24.03 : Every decision of the appointing authority referred to in Statute 24.02 shall, before it is communicated to the employee, be reported to the District INspector of Schools, and shall not take effect unless it is approved by him in writing : Provided that nothing in this clause shall apply to any termination of service on the ex-parte of the period for which the employee was appointed :- Provided further that nothing in this clause shall apply to an order of 19-Rep.-1989 suspension pending enquiry, but such order may be stayed, revoked or modified by the District INspector of Schools. 24.04. Appeal against the order of the District INspector of Schools under Statute 24.03 shall lie to the Regional Dy. Director of Education " Even though Article 30 of the Constitution is very popular and often quoted, but it is better to set out the relevant portion of it as follows :- "30 (1). All minorities whether based on religion or language, shall have a right to establish and administer education institutions of their choice" ;