Allahabad High Court
C/M Black Stone Girls Inter College Thru ... vs State Of U.P. And 19 Others on 4 August, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:130859 Court No. - 38 Case :- WRIT - A No. - 6596 of 2017 Petitioner :- C/M Black Stone Girls Inter College Thru Its Manager Respondent :- State Of U.P. And 19 Others Counsel for Petitioner :- Namit Srivastava,Parul Srivastava Counsel for Respondent :- C.S.C.,Vijay Gautam(Senior Adv.) Connected with Case :- WRIT - A No. - 14153 of 2018 Petitioner :- Principal Black Stone Girls Inter College Respondent :- State Of U.P. And 15 Others Counsel for Petitioner :- Alok Dwivedi,Namit Srivastava,Parul Srivastava Counsel for Respondent :- C.S.C.,Prabhakar Awasthi Case:- WRIT - A No. - 50661 of 2016 Petitioner :- Smt. Suman And 11 Ors. Respondent :- State Of U.P. And 4 Ors. Counsel for Petitioner :- Mahesh Kumar Sahu,Sr. Advocate,Vijay Gautam(Senior Adv.) Counsel for Respondent :- C.S.C.,Namit Srivastava,Parul Srivastava,Pashali Slolanki Case :- WRIT - A No. - 20617 of 2018 Petitioner :- Krishna Sharma And 10 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sanjay Singh,Sanjeev Kumar Tyagi,Vijay Kumar Singh(Senior Adv.) Counsel for Respondent :- C.S.C.,Namit Srivastava,Parul Srivastava,Sunil Kumar Srivastava Case :- WRIT - A No. - 14532 of 2018 Petitioner :- Smt. Krishna Sharma And 3 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Pankaj Gaur,Sri R.K. Ojha, Sr. Advocate Counsel for Respondent :- C.S.C. Case :- WRIT - A No. - 20128 of 2018 Petitioner :- Smt.Mamta Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Neeraj Srivastava,Vijay Kumar Singh(Senior Adv.),Vinod Kumar Singh Counsel for Respondent :- C.S.C.,Sunil Kumar Srivastava Hon'ble Donadi Ramesh,J.
1. Heard Sri V.K. Singh, learned Senior Counsel assisted by S/Sri S.K. Tyagi, Sanjay Singh and Alok Dwivedi, learned counsel for the petitioners, Sri Namit Srivastava, learned counsel for the respondent - committee of management and learned Standing Counsel for the State-respondents.
2. The Writ-A No.50661 of 2016 has been filed by the petitioners - teachers against termination of their services while Writ-A No.20617 of 2018 and Writ-A No.20128 of 2018 were filed by the petitioners- teachers assailing the order dated 07.09.2018 passed by the authorized controller of the institution recalling the reinstatement order dated 18.06.2018. Writ-A No.14532 of 2018 filed by the petitioners- teachers against the order dated 19.06.2018 passed by the Principal restraining the petitioners- teachers to join their services. The Writ-A No.14153 of 2018 has been filed by the Principal questioning the restoration of appointment of the petitioners - teachers.
3. The Writ Petition No.6596 of 2017 has been filed by the committee of management challenging the order dated 02.07.2015 passed by the Joint Director of Education, Agra Region Agra as well as the order dated 13.07.2015 passed by the District Inspector of Schools, Mathura. By the said orders, District Inspector of School as well as Joint Director of Education, Agra Region Agra, approved appointment of 12 teachers.
4. Facts of the case are that based on advertisement dated 20.11.2014, the 12 post of assistant teachers were advertised by the committee of management for appointment in the Blackstone Girls Inter College, Mathura. The petitioners applied and participated in the selection process and were appointed as assistant teachers in the Institution. After selection process when the concerned authorities did not approve the selection, the committee of management approached this Court by way of filing Writ-C No.34477 of 2015. The said petition was disposed of vide order dated 08.06.2015 with the direction to the Joint Director of Education, Agra Region Agra, to pass appropriate orders.
5. Consequent to the said directions, the Joint Director Agra Region Agra, approved appointment of the petitioners vide order dated 02.07.2015. On 13.07.2015, District Inspector of Schools made financial approval and on the same day, the appointment letters were issued to the petitioners. Accordingly, the petitioners joined in the Institution on 15.07.2015, ever since they are discharging their duties as assistant teachers with utmost satisfaction. On change of the manager and on internal dispute, the appointment of the petitioners were terminated on 04.10.2016. The said order was questioned before this Court by way of filing Writ A No.50661 of 2016. While pending the said writ petition, the authorized controller has taken charge of the institution and he restored the appointment of the petitioners vide order dated 18.06.2018. In view of the subsequent development, Writ-A No.50661 of 2016 became infrutuous after restoration of the appointment of the petitioners to discharge their duties as assistant teacher in the institution. But surprisingly for no reason, the authorized controller once again recalled its order dated 18.06.2018 and confirmed cancellation of the appointment of the petitioners vide order dated 07.09.2018. Assailing the said order, Writ-A No.20617 of 2018 has been filed by the petitioners. Considering the submission, this Court passed interim order on 25.09.2018:
"1. Connect and list along with Writ A Nos.14153 of 2018 and 14532 of 2018.
2. Notice on behalf of respondent Nos.1 to 3 has been accepted by the office of learned Standing Counsel.
3. Issue notice to respondent Nos 4 and 5 returnable at an early date.
4. Steps to be taken within a period of three days.
5. Three weeks' time is granted to learned counsel for the respondents to file counter affidavit. One week's time thereafter shall be available to learned counsel for the petitioners to file rejoinder affidavit, if any.
6. List after expiry of the aforesaid period.
7. As an interim measure, looking at the peculiar facts of this case, the petitioners shall be allowed to function as Assistant Teacher in Black Stone Girls Inter College, Mathura. However, release of their salary would be subject to further orders of this Court."
6. By virtue of the above said order, the petitioners have continued in service but salaries of the petitioners have not been released in view of the pendency of the writ petitions.
7. Learned Counsel appearing on behalf of the 4th respondent and the learned counsel appearing on behalf of the petitioners in Writ-A No.6596 of 2017 have submitted that the very appointment of the authorised controller itself is contrary to the Rules and Regulations as the Institution being a minority institution, the question of appointment of the authorised controller does not arise. Hence, the Institution has questioned reinstatement orders passed by the authorised controller reappointing the respondents-petitioners vide order dated 18.06.2018.
8. Learned counsel for the 4th respondent has further submitted that there are so many irregularities occurred in the selection process and fraud has also been committed. Accordingly, reinstatement of the respondents-petitioners is bad in law. Hence, he requested to dismiss other writ petitions by allowing Writ A No.6596 of 2017.
9. Considering the submissions made by both the parties, infact on the earlier occasion, this Court has entertained the Writ-C No.34477 of 2015 filed by the Institution and remanded the matter to the Joint Director of Education, Agra Region Agra, to look into the entire issue and pass appropriate orders.
10. Even in the present case, the whole issue is with reagard to approval of the petitioners' appointment and subsequent termination as the authorised controller has himself recalled the order passed by the then committee of management and restored appointment of the petitioners vide order dated 18.06.2018. When that being the issue, the authorised controller once again recalled his order vide order dated 07.09.2018. All the petitioners are continued in service by virtue of the interim order granted by this Court on various dates including 25.09.2018. The said aspect was not disupted by the learned counsel appearing on behalf of the 4 th respondent/committee of management.
11. In the said circumstances, by taking approval order made by the competent authority on 02.07.2015 and continuation of the petitioners in the said post as of now, the present writ petitions are disposed of by confirming the interim orders and remanding the matter to the Joint Director of Education, Agra Region Agra, to look into the entire issue by issuing notices to the petitioners as well as committee of management - Blackstone Girls Inter College, Mathura, if required, getting the entire records from management and also giving an opportunity of hearing to the both management as well as teachers and pass appropriate orders.
12. It is needless to mention that as petitioners are continuing in service by virtue of the interm orders granted by this Court, the question with regard to release of salaries may be considered first. This exercise should be completed within a period of three months from the date of receipt of the copy of this order.
13. Accordingly, present writ petitions are disposed of.
Order Date :- 4.8.2025 rkg (Donadi Ramesh, J.)