- (1.) The petitioner seeks writ of certiorari quashing the resolution dated 20.10.1997 passed by the Committee of Management Sri Ganesh Inter College, Kasganj, Etah, resolving to terminate the services of the petitioner and the letter of the Manager dated 23.10.1997, whereby he was informed that his services have been terminated and a writ of mandamus commanding the Committee of Management to comply with the order of the District Inspector of Schools, Etah, dated 28.10.1997, whereby he held that the said resolution was inoperative without its approval by the competent authority.
(2.) The facts in brief are that in Sri Ganesh Inter College, Kasganj, Etah (hereinafter referred to as the Institution) there existed a substantive vacancy of Assistant Teacher in L.T. Grade for teaching Hindi subject. The Committee of Management sent the resolution pertaining to the said vacancy to the U.P. Secondary Education Services Commission, Allahabad (In short the Commission). The Commission issued the advertisement in the year 1996, whereby applications were invited for various posts of Assistant Teacher in L.T. grade including the post in question. The petitioner applied for the said post. He appeared before the Commission for interview. He was selected and was recommended by the Commission for appointment in the Institution. The Committee of Management issued appointment letter to the petitioner on 24.10.1996 appointing him as Assistant Teacher in L.T. grade for the period of one year on probation. The petitioner, in pursuance of the said letter, joined the institution on 25.10.1996. The Committee of Management, before expiry of the period of one year, passed a resolution on 20.10.1997 dispensing with the services of the petitioner with immediate effect purporting to exercise the powers under Regulation 25 of Chapter-Ill of the Regulations framed under the U.P. Intermediate Education Act. The Manager of the Institution sent a letter to the petitioner on 25.10.1997 informing him that his services have been terminated. The petitioner submitted representation before the District Inspector of Schools, Etah on which he issued a direction to the Committee of Management for permitting the petitioner to join the Institution and permit him to discharge his duties as no order of termination could be passed without prior approval of the District Inspector of Schools as provided under Section 16-G(3) of the U.P. Intermediate Education Act. The petitioner was , however, not permitted to function by the Committee of Management and he has filed this petition for the reliefs mentioned above.
(3.) The controversy is as to whether the Committee of Management is entitled to terminate the services of a teacher appointed on probation without obtaining any prior approval of the Commission as provided under Section 21 of Uttar Pradesh Secondary Education Services Commission and Selection Board's Act 1982. Sub-section (1) of Section 21 of the Act provides that no teacher specified in the Schedule shall be dismissed or removed from service or reduced in rank and neither his emoluments may be reduced nor he may be given a notice of removal from service by the Management unless prior approval of the Commission has been obtained. Sub-section (3) provides that every order of dismissal, removal or reduction in rank or removal from service or reduction in emoluments of a teacher in contravention of the provisions of subsection (1) or sub-section (2) shall be void. The contention of learned counsel for the respondent is that the Committee of Management passed order simplicitor discharging the petitioner from service within the period of probation. He was appointed on probation for one year and the Committee of Management was entitled to consider his performance during the period of one year and it was for the Management to terminate the services or to extend the period of his probation.;