JUDGEMENT
Sudhir Agarwal, J. -
(1.) 1. Heard learned counsel for the petitioner.
(2.) IT is contended that the petitioner was a Assistant Teacher in Sri Goswami Tulsidas Vidyapith Inter College, Erich, Jhansi. The committee of management of the said College passed a resolution on 11.2.1990 terminating his services, which was given effect to though no approval of U.P. Secondary Education Service Commission was obtained . He submitted that in view of Section 21 of Secondary Education Services Selection Board Act, 1982 (hereinafter referred to as "the Act"), no order of dismissal or removal can be made by the management without prior approval of the Board.
An interim order was passed on 15th April, 1992 while entertaining this writ petition, in the following terms: " Until further orders, the operation of the order dated 12th of February, 1990, terminating the services of the petitioner as well as the effect of the resolution dated 11th February 1990 are stayed. It is made clear that this interim order shall continue till the approval of the Commission is taken by the College to the termination of the petitioner's services."
The aforesaid interim order itself makes it clear that the same shall continue till the approval of the Commission is taken by the College to the termination of the petitioner's services.
(3.) LEARNED counsel for the petitioner stated at the bar that the aforesaid approval has been granted by the Commission/Board on 6.11.1992 as communicated to the petitioner vide letter dated 24.11.1992 whereagainst, it is also stated that the petitioner has filed another writ petition no. 10275 of 1993 which is pending before this Court.
The only objection raised by means of this writ petition is that the petitioner could not have been dismissed from service except with the prior approval of the Commission/Board as contemplated in Section 21 of the Act. The interim order granted by this Court clearly states that the same shall be effective when the Commission grants such approval, if any, which has now been granted.;
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