K.N.Seth, J. - (1.) Shri Jain Shevtambar Maha Sabha, Uttar Pradesh is a Society registered under the Societies Registration Act (Act No. 21 of 1960). According to the petitioners the Society established Shri Atma Nand Jain Uchter Madhyamik Vidyalaya at Hastnapur, district Meerut, which is duly recognised by the Board of High School and Intermediate Education, Uttar Pradesh. A Scheme of Administration of the educational institution has been framed under Section 16-A. of the U. P. Intermediate Education Act, 1921 (hereinafter referred to as the Act) which has been approved by the Director of Education, Uttar Pradesh. Under the Scheme of Administration, a Committee of Management has been elected which is empowered to manage the affairs of the institution. Sri Prem Chand Arya, respondent No. 2. was appointed as principal of the School in Aug. 1972 and was confirmed on the post in 1973. The Committee of Management on 5-11-1976 passed a resolution under which certain charges, were framed against respondent No. 2 and he was asked to show cause. He was placed under suspension pending enquiry. Respondent No. 2 did not submit, any reply to the charges and abstained from appearing before the Committee-constituted for enquiring into the charges levelled against him. The Enquiry Committee proceeded ex parte and submitted its report to the Committee of Management. The Committee of Management served a notice on respondent No. 2 to-show cause against the proposed punishment but he refused to appear before the Committee of Management. The Committee of Management considered the report of the Enquiry Committee and other materials placed on record and decided by its resolution dated 2nd Jan. 1977 that respondent No. 2 be dismissed from service with effect from the date of suspension, that is, 5th Nov. 1976. A copy of the resolution was served on respondent No. 2. The District Inspector of Schools: was also sent a copy of the resolution. By his letter dated 13th Jan. 1977 the District Inspector of Schools disapproved the order dismissing respondent No. 2 from service on the ground that his prior approval had not been obtained as required by Section 16-G (3) (a) of the Act. The petitioners have challenged the legality of the order of the District Inspector of Schools principally on the ground that Shri Atma Nand Jain Uchter Madhyamik Vidyalaya is an educational institution, established and administered by Shevtambar Jains who constitute a minority community and consequently the provision of Section 16-G (3) (a) of the Act is void and inapplicable in so far as the aforesaid institution is concerned.
(2.) In the counter-affidavits filed on behalf of the respondents it has been asserted that Shri Atma Nand Jain Uchtar Madhyamik Vidyalaya is not an educational institution established and administered by the Jain Community and that the Jains do not constitute an independent minority community. Other pleas raised in the counter-affidavits are not relevant for the decision of the present petition.
(3.) During the course of hearing it was brought to the notice of the Bench that the District Inspector of Schools, Meerut, was already enquiring into the question whether Shri Atma Nand Jain Uchtar Madhyamik Vidyalaya is an institution established and administered by the followers of Jain religion. The hearing of the petition was adjourned and the Bench by an order dated 22nd April, 1978 directed the District Inspector of Schools to decide the question whether Atma Nand Jain Uchtar Madhyamik Vidyalaya is an institution established and administered by the followers of Jain religion, after affording an opportunity to the parties concerned. The District Inspector of Schools gave opportunity to the parties concerned who brought on record materials in support of their respective claims. The District Inspector of Schools, however, felt that in view of the order of the State Government dated 2nd June, 1978 the matter has to be decided by the State Government. He consequently forwarded all the materials produced by the parties before him to the State Government. The State Government by its order dated March 1, 1979 recognised the Atma Nand Jain Uchtar Madhyamik Vidyalaya as a minority community institution. A photostat copy of the order of the State Government has been brought on record. Since the State Government has recognised the School in question as a minority community school, the present petition has to be decided on that basis.;