C/M GRAMODAY PRATISTHAN THRU H.C TRIPATHI (23872 S/S 2016) Vs. STATE OF U.P THRU SECY BASIC EDU LKO & ORS.

JUDGEMENT

(1.) Heard Sri Jitendra Kumar Pandey, learned Counsel for the appellant.

(2.) The appellant No.1 is the Committee of Management of a Junior High School and the terms and conditions of it's employees are governed by the U.P. Recognised Basic Schools (Junior High School) (Recruitment Conditions of Service of Ministerial Staff Group 'D' Employees) Rules, 1984. The termination of the services of the employees is subject to fulfilment of the conditions as referred to in Rule - 21 that has been extracted in the judgment of the learned Single Judge. The learned Single Judge came to the conclusion that since the services of the respondent No.4 had been terminated without seeking prior approval of the District Basic Education Officer as per Rule - 21 aforesaid, the entire exercise of terminating the services undertaken by the Management was unlawful and withholding of the salary was unjustified.

(3.) Learned Counsel for the appellants has relied on the Division Bench judgment in the case of Dr. S.N. Tripathi Vs. State of U.P., Writ Petition No.1452 (SB) of 2010, decided on 4.10.2010 to urge that a writ petition against the action of the management of the Junior High School which is run under a Society registered under the Societies Registration Act would not be maintainable against any of it's action and consequently, learned Single Judge has committed an error by entertaining the writ petition.