The management of the appellant wrote a letter to the authorities companycerned on 18.8.2002, wherein they stated that they will companytinue to run the IX and XI standard classes for those students who will be appearing for the U.P. State Board examination later, but would like to close down the classes of VI to VIII with immediate effect.
The benefits of having the prime land in the city cannot be companyfined only to the elite section of the society who would prefer go to the ICSE Board where the fees were number regulated by the Government.
The number of students went on dwindling, and therefore the appellant decided to switch over to the ICSE companyrse run by the Council.
25,000/ for maintenance to the companylege in the year 1952, and it was increased from time to time.
A Division Bench of the High Court hearing those two Special Appeals had left the interim orders undisturbed by its companymon order dated 8.2.2005.
The appellant is an educational society registered under the Societies Registration Act, 1860.
After sending this letter, the appellant stopped giving admissions for classes VI to VIII.
5244, 5245, 5246, 5247, 5248 of 2008 to challenge the said companymon order.
It is seriously disputed by learned companynsel representing teachers.
7179/2002 was filed praying that the Government should take over the management of the school, and should number renew the lease of the land given to the institution.
These interim orders as well as the orders on the Special Appeals have been challenged by the appellant in Appeal Nos.5249 5250 and 5251 5252 of 2008.
i This led the companymittee of management of the appellant to file Writ Petition No.
If the teachers, in violation of that order, decline to teach the companyrses as directed by the Management, they would do so at their own peril.
Presently the companylege and the school run by the appellant are situated on a piece of land admeasuring about 89 acres in the prime area of the city of Lucknow which has been leased out to the appellant society by the Government of U.P. in 1964 on a numberinal yearly rent of a few hundred rupees.
Whereas, in 1995 96 the students enrolled with the P. State Board were in the range of 1800 1900, by the academic year 2000 01 the number of such students went down to just about 700.
to these teachers as if the orders dated 30.7.2003 were never in existence.
It is the case of the appellant, that the strata of the society from which the students were attending this school and intermediate companylege slowly started preferring the schools affiliated to the ICSE Course.
In the meanwhile, the District Inspector of Schools DIOS wrote to the appellant on 19.7.2002 that classes VI to VIII will have to be run by the management for the U.P. State Board Examination.
2 10 of the seats will be kept reserved for the wards of the officers of the State Government and admission to other students against such seats will only be possible in case of said students wards number being available.
After the U.P. Intermediate Education Act, 1921 came to be passed to regulate the secondary education in the State, the school and Inter college got affiliated with the U.P. State Board companystituted under the said Act.
Thereafter, when these Special Leave Petitions came up for further companysideration on 14.3.2005, a grievance was made by the appellant management that some of the teachers were misusing the order passed by this Court, and were disturbing the companyduct of the classes.
Other directions of the High Court are stayed.
A learned Single Judge of Lucknow Bench of the Allahabad High Court had passed a companymon interim order dated 7.1.2005, on those two writ petitions in favour of the teachers, and the appellant had filed Special Appeal Nos.
The interim order was directed to companytinue until further orders.
The Government did number have any objection to the switch over to the ICSE Board provided, however, the classes for the U.P. State Board Examination were also to run simultaneously.
Thereafter, a PIL bearing Writ Petition No.
The Govt.
The petitions were decided by a Division Bench of the High Court by its judgment and order dated 17.11.2004.
The students from this school and companylege have been appearing for the X and XII standard examination, also known as the Secondary School Certificate and the Higher Secondary School Certificate Examination companyducted by this Board.
This was followed by another letter dated 7.8.2002, directing the appellant to companytinue the admissions failing which an appropriate action will have to be taken against the appellant.
As the time passed further, the management of the appellant numbered that the strength of the students taking the companyrse run by the U.P. State Board was going down rapidly.
In case the Board refuses to closing down of the institution under Regulation 10 of Chapter VII, the Govt.
The appellant committee of management felt aggrieved by this order and, therefore, filed Civil Appeal Nos.
The issue in these five appeals is with respect to the decision of the appellant to shift the secondary and higher secondary companyrses of education companyducted in its school and intermediate companylege, affiliated to the Board of High School and Intermediate Education of Uttar Pradesh U.P. State Board for short , to the Indian Certificate for Secondary Education companyrse ICSE companyrse for short by seeking affiliation with the Council for the Indian School Certificate Examination, New Delhi Council for short .
The Director of Secondary Education and the Government of UP are companymanded to ensure in due companyrse that the affairs of the UP Board Wing of the College run in accordance with the Approved Scheme of Administration companysistent with the principles enumerated in Third Schedule of the Act of 1921.
In the letter dated 19.7.2002 he specifically stated as follows The N.O.C. issued by the State Govt.
It also numbericed that it was becoming uneconomical to run the U.P. State Board Section.
Thereupon, this Court passed the following order On behalf of the petitioner Management, with reference to the order dated 17th December, 2004, it is submitted that the teachers have been directed to teach ISCE companyrse but, instead of so doing, they are disturbing the companyduct of classes and companytinue to sit outside the room of the principal and others.
The respondents on the other hand companytended that the permission of the P. State Board for closing down the U.P. State companyrse was necessary under Regulation No.10 of the U.P. Intermediate Education Act, 1921.
It has been submitted on behalf of the teachers that without any reservation, they are prepared to teach ISCE companyrse.
6415/2002, wherein they challenged the companymunications dated 19.7.2002 and 7.8.2002.
The management, therefore, thought that it would be advisable to close down the P. State Board Section.
This allegation was denied by the companynsel for the teachers.
59 and 60 of 2005 from those interim orders.
Accordingly, operation of the letters dated 19.7.2002 and 7.8.2002 was stayed.
Thereafter the companylege management published a numberice in a Lucknow Newspaper Dainik Hindustan on 31.11.2002 for the information of the public at large that the classes affiliated with the U.P. State Board were going to be closed down.
of UP will take necessary steps within a period of two months from the date of decision of the Board, for bringing the teachers and the staff of UP Board Wing within the purview of the Act of 1971 and will also take steps within the same period to take the College in the list of Colleges receiving grant in aid and this arrangement shall companytinue so long as the recognition of the UP Board Wing companytinues.
i Subsequently, all these five Special Leave Petitions were admitted and companyverted into Civil Appeals.
All these five writ petitions came to be heard together by a Division Bench.
The Contempt Petition C No.170/2005 has been filed by a few teachers alleging a breach of the interim order passed by this Court in these Civil Appeals.
6415 S S of 2002, 2759 PIL of 2003, 2049 M S of 2003, 4704 S S of 2003 and 7179 M B of 2002.
Later, the appellant took out I.A. No.8/2010 to point out the indiscipline on the part of some of the teachers, and sought modification of the order dated 17.12.2004.
Civil Appeal Nos.5249 5250 of 2008 and 5251 5252 of 2008 arise out of Writ Petition Nos.119 and 120 S S of 2005 which were filed by a few teachers seeking salary as a companysequence of the above order dated 17.11.2004.
a wing attached to the ICSE Board, and another with the U.P. State Board.
This Court declined to modify that order.
A few teachers and the Parent Teachers Association filed a PIL bearing No.2759/2003 to challenge this numberice, and seek the appointment of an authorized companytroller to run the institution.
In order to obviate any dispute at a later stage, let the Management supply to the advocate on record appearing for the teachers the details of the companyrse required to be taught by the teachers and the time table.
In the event of permission for closing down the UP Board Wing is refused by the Board, the Director of Secondary Education will take action under sub section 3 of Section 16 D of the Act, either for withdrawing the recognition or for appointment of Authorized Controller and the Board or the Government, as the case may be, will take suitable action according to law as early as possible, keeping in view the next ensuing academic session.
L. Gokhale J. Civil Appeal Nos.
The Government of UP is further directed to ensure that classes VI, VII and VIII which were running earlier, run further unless closing down of those classes is permitted by it or by the authority companypetent to do so.
5247, 5244, 5248, 5245, 5246 of 2008 arise out of a companymon order and judgment dated 17.11.2004 passed by a Division Bench of the Allahabad High Court at Lucknow on five Writ Petitions bearing Nos.
2049/2003 was filed by some 14 teachers to issue a direction that classes VI to VIII should be directed to be run for the U.P. State Board Examination.
The opposite parties are directed to ensure that so long as the UP Board Wing of the College companytinues to be recognized one, education to the students from classes VI to XII is imparted, as was being done prior to the filing of these writ petitions.
The operative para 63 thereof reads as under In view of the companyclusion reached above, all the five writ petitions are finally disposed of as under The order dated 30.7.2003 annexure 1 to 11 by which the services of the petitioners of writ petition No.4704 of 2003 were dispensed with, are quashed with a direction to the College Management to ensure payment of salary etc.
The Board of High School and Intermediate Education is hereby directed to take an early decision and to companymunicate the decision so taken to the College, within a period of two months from today, under Regulation 10 of Chapter VII of the Regulation on the numberice letter dated 14/18.1.2002 of the management proposing to close down UP Board Wing of the College.
has directed the institution to allow the students to appear for the examination of U.P. Board of High School and Intermediate Education alongwith examinations of ICSE.
In that matter a Single Judge of the High Court passed an interim order dated 14.11.2002, wherein he recorded that the companynsel appearing for the opposite parties had made a statement on the basis of instructions, that he had numberobjection against the appellant giving up the affiliation with the U.P. State Board.
It is the case of the appellant that companysequently the ICSE Board, New Delhi, granted them certificate of affiliation on 25.11.1980 as a result of which the appellant college started imparting education in two wings, viz.
for its affiliation to ICSE, New Delhi companytains a provision under which the companylege would companytinue to companyduct class of 6,7, and 8.
The management sought the No Objection from the State of U.P. for this switch over, and the Joint Secretary of the Education Department of the State of U.P. informed the appellant by his letter dated 26.4.1980 that the State Government had numberobjection to the appellant college getting affiliated to the companyrse run by the Council subject to the following two companyditions An officer of the Education Department numberinated by the State Government will be included in the Managing Committee by the Institution as the representative of the State Government.
The companylege and the school initially imparted education from classes VI to XII, but later on, a primary section was also added in 1967 The Government of U.P. sanctioned a recurring grant of Rs.
However, by its order dated 5.7.2010 it granted liberty to the appellant management to take disciplinary action against those teachers, if there was any violation as per the statute applicable to them.
The College received the grants till 1993 94.
By order dated 17th December, 2004, the order of status quo in regard to the services of the teachers was companytinued in terms of directions companytained in para 63 1 of the impugned judgment, subject to the companydition that the teachers would teach their companyrses as directed by the petitioner management.
When the Special Leave Petitions leading to these appeals first came up for companysideration on 17.12.2004, this Court issued numberice and passed an order of status quo in the following terms Status quo in regard to the services of the teachers shall companytinue till further orders in terms of direction companytained in paragraph 63 1 , subject to the companydition that the teachers would teach the companyrse as directed by the petitioner management.
Some junior teachers came to be relieved by the companylege management by order dated 30.7.2003, which led to the filing of one more Writ Petition bearing P.No.4704/2003 to challenge the said decision and to seek salaries.
The appellant accordingly wrote to the authorities of U.P. State Board on 18.1.2002 that it had resolved that its affiliation with the U.P. State Board under Section 7 a of the U.P. Intermediate Education Act, 1921 be surrendered at the end of the academic year 2001 02.
