Prabhnjanam Vs State of U.P. Thru. Secy. Secondary Education Lko. and 5 Others — Allahabad HC (2024) — LawSathi Research

Prabhnjanam Vs State of U.P. Thru. Secy. Secondary Education Lko. and 5 Others — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Petition finally disposed of with directions: the District Inspector of Schools, Sultanpur to take a final decision on the dismissal within six weeks of receipt of the Committee of Management's recommendations, and the Management to treat the petitioner in regular service under Regulation 31 of the Regulations framed under the U.P. Intermediate Education Act, 1921 till such final decision.

Issue for consideration

Whether the orders of the Committee of Management dismissing the petitioner from service (and the ancillary attendance-register deletion and resolution) should stand, and what directions are required pending the District Inspector of Schools' final decision on the dismissal.

Court's answer

Opposite party no.2, the District Inspector of Schools, Sultanpur, is directed to take a final decision on the dismissal expeditiously, within a period of six weeks from the date of receipt of the recommendations made by the Committee of Management.

Ratio / Principle

Since the final decision is yet to be taken by the competent authority (District Inspector of Schools), the Management of the school is directed to treat the petitioner in regular service in terms of Regulation 31 of the Regulations framed under the U.P. Intermediate Education Act, 1921, till the final decision of the District Inspector of Schools.

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Manish Mathur, J.; order dated 18.7.2024; Neutral Citation 2024:AHC-LKO:48318): Writ petition by Prabhnjanam challenging his dismissal from a Class III post by order dated 02.07.2024 of the Committee of Management, along with the order dated 04.07.2024 deleting his name from the attendance register and the Management resolution dated 30.06.2024 pertaining to the dismissal. Learned counsel for the respondents stated that the dismissal papers had already been forwarded to the District Inspector of Schools and were pending consideration there. The Court directed the District Inspector of Schools, Sultanpur to take a final decision expeditiously within six weeks from receipt of the Committee of Management's recommendations, and, till such final decision, directed the Management to treat the petitioner in regular service in terms of Regulation 31 of the Regulations framed under the U.P. Intermediate Education Act, 1921. Petition finally disposed of.

Neutral Citation No. - 2024:AHC-LKO:48318

Court No. - 18

Case :- WRIT - A No. - 5295 of 2024

Petitioner :- Prabhnjanam

Respondent :- State Of U.P. Thru. Secy. Secondary Education Lko. And 5 Others Counsel for Petitioner :- Ghanshyam Verma,Siyaram Maurya Counsel for Respondent :- C.S.C.,Ajay Pratap Singh

Hon'ble Manish Mathur,J.

Heard learned counsel for petitioner, learned State Counsel for opposite parties 1 to 3 and Mr. Ajay Pratap Singh, learned counsel for opposite party no.4. In view of order being passed, notices to opposite parties 5 and 6 stand dispensed with.

Petition has been filed challenging orders dated 02.07.2024 passed by the Committee of Management dismissing petitioner from service of the College concerned on a Class III post. Also under challenge is order dated 04.07.2024 deleting name of petitioner from attendance register as well as resolution of the committee of Management dated 30.06.2024 pertaining to dismissal of petitioner's services.

Learned counsel for opposite parties at the very outset has submitted that papers with regard to dismissal of petitioner's services have already been forwarded to District Inspector of Schools where they are pending consideration.

In view of aforesaid, opposite party no.2 i.e. District Inspector of Schools, Sultanpur is directed to take a final decision with regard to aforesaid issue expeditiously within a period of six weeks from the date of receipt of recommendations made by the Committee of Management.

Since final decision is yet to be taken by the competent authority i.e. District Inspector of Schools, the Management of the School concerned is directed to treat petitioner in regular service in terms of Regulation 31 of the Regulations framed under the U.P. Intermediate Education Act, 1921,

till final decision of the District Inspector of Schools.

With aforesaid observations and directions, the petition is finally disposed of .

Order Date :- 18.7.2024 kvg/-

Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench