Committee of Management, Jawahar Inter College Amargarh, Bulandshahr Through its Manager and another vs State of U.P. and others

Amreshwar Pratap Sahi, J.—Heard Shri Ashok Khare, learned Senior Counsel for the petitioners and the learned Standing Counsel for all the respondents.

This matter was entertained and vide order dated 3.11.2009, the learned Standing Counsel was called upon to obtain instructions as to under which provision of law the Director is the approving authority or the promoting authority for processing selections against ClassIll posts in Intermediate Colleges governed by the provisions of U.P. Intermediate Education Act, 1921 and the regulations framed there under.

The said direction issued by the Joint Director of Education had been issued in pursuance to the letter of the Director dated 7.10.2009.

Shri K.K. Chand, learned Standing Counsel has produced the Government order dated 5th November, 2009, which takes notice of the said fact that the decision dated 7.10.2009 had been taken in a meeting presided over by the Minister of Secondary Education where it was decided that such clearance should be taken in view of the resolution passed in the said meeting chaired by Hon''ble Minister. The Government Order clarifies that the Government Order which had been issued earlier in pursuance of such meeting dated 14.10.2009 has now been stayed and as a consequence of the same, the Director of Education has issued a letter on 6th November, 2009.

In view of the level of the executive instructions so issued, it would be necessary to clarify the position of law that statutory provisions as contained in the U.P. Intermediate Education Act, 1921 cannot be given a gobye by the issuance of instructions in a meeting chaired by the Hon''ble Minister. It has to take the shape of law. The Government Order dated 14th October, 2009 has now been stayed by the Government Order dated 5th November, 2009. It is expected that the State Government shall take care of in future to act only in accordance with relevant provisions and not go beyond the statutory provisions, which may violate the procedure provided for such approval. As a matter of fact any such change to be brought about should be done through an appropriate legislation.

Accordingly, the reason given in the impugned order dated 12.10.2009 has vanished in view of the developments noticed above.

The petitionerCommittee of Management has proceeded to hold selections with regard to ClassIII posts. The selection proceedings was required to be processed in accordance with law and as such the matter shall be reexamined by the Regional Level Committee headed by the Joint Director of Education under the Government Order dated 19.12.2000 and the recommendations with regard to the aforesaid selections shall be forwarded to the District Inspector of Schools within six weeks from the date of presentation of a certified copy of this order before the respondent No. 3. The District Inspector of Schools shall forthwith proceeded to pass orders on the receipt of the recommendations of the Regional Level Committee.

The writ petition is accordingly disposed of with the aforesaid directions.