The Court dismissed a writ petition challenging a notice by the District Basic Education Officer to furnish appointment details. It held that mere request for records without prejudicial order precludes extraordinary jurisdiction.
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Court No. - 39
Case :- WRIT - A No. - 7600 of 2020
Petitioner :- C/M Kisan Intermediate College And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Grijesh Tiwari Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Institution in question was initially a Junior High School which has since been upgraded to High School and Intermediate level. Payment of salary in the institution is being made under the provisions of the Uttar Pradesh Recognized Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Teachers) Rules, 1978. The District Basic Education Officer, Kushinagar, on the basis of certain complaint received has called upon the petitioner institution to furnish details of the appointments made in the institution concerned. This notice is challenged on the ground that the provisions of U.P. Intermediate Education Act, 1921 have come into existence and, therefore, the District Basic Education Officer has no jurisdiction to interfere in the matter. Reliance is placed upon a judgment of this Court in Rana Vijendra Pratap Singh Vs. State of U.P., Writ Petition No. 5512 of 2018, which has been uphold in Special Appeal No. 503 of 2019.
Upon a pointed query raised to the learned counsel for the petitioner it is not in issue that some of the appointments have been made in the institution while it was a Junior High School and that payment of salary has also been made under the provisions of the 1978 Rules. In such circumstances, if the District Basic Education Officer has merely called for the petitioner to produce certain records, there is no occasion for this Court to exercise its extraordinary powers under Article 226 of the Constitution of India to interfere in the matter at this stage. Writ petition, accordingly, fails and is dismissed.
It is, however, clarified that in the event the authority concerned proceeds to pass any further orders prejudicial to the interest of the petitioner, it shall be open for it to raise all questions including the question of jurisdiction before the appropriate forum.
Order Date :- 29.9.2020 Ranjeet Sahu
2 issues framed by the court
Whether the District Basic Education Officer has jurisdiction to call for details regarding appointments made when the institution was a Junior High School under the UPC Intermediate Education Act, 19
Whether the Court should exercise extraordinary powers under Article 226 to interfere with a call for records at this stage.
Colour shows how this judgement treated each authority
Rana Vijendra Pratap Singh Vs. State of U.P.Referred¶4
Rana Vijendra Pratap Singh Vs. State of U.P. (W.P. No. 5512 of 2018)
Special Appeal No. 503 of 2019Affirmed¶4
3 provisions across 3 enactments
C/M Kisan Intermediate College And Another
State Of U.P.
Ashwani Kumar Mishra
As recorded by the court registry
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