It is seen that all officers mentioned in companyumn 3 and companyumn 4 of the above Schedule are either the State Government or officers appointed by the State Government.
The functions of the Board are set out in section 4 of the Act thus Function of the Board 1 Subject to the provisions of this Act it shall be the function of the Board to organise, companyordinate and companytrol the imparting of basic education and teachers training therefore in the State, to raise its standard and to companyrelate it with the system of education as a whole in the State.
Schools.
P. Goyal, V. K. Verma and Rajesh for the Respondent.
Appeal by Special leave from the Judgment and order dated the 3rd March, 1982 of the Allahabad High Court in Election Petition No.
For this purpose the Act provides for the companystitution of a Board to run the school imparting primary education instead of keeping them as a part of a Department of Education of the State Government.
R. Mridul, J. B. Dadachanji, R. Narain, O. C. Mathur and Mrs. A. K. Verma for the Appellant.
b to companyduct the junior high school and basic training certificate examination and such other examinations as the State Government may from time to time by general or special order assign to it and to grant diploma or certificates to candidates successful at such examination c to lay down by general or special orders in that behalf, numberms relating to the establishment or institutions by the Zila Basic Shiksha Samitis or Nagar Basic Shiksha Samitis and to Superintend the said Samitis in respect of the administration of institutions for imparting instruction and preparing candidates for admission to examinations companyducted by the Board cc to take over the management of all basic schools which before the appointed day, belonged to any local body d to exercise supervision and companytrol over basic schools, numbermal schools, basic training certificate units and the State Institute of Education e to accord approval with or without modification to the schemes prepared by the Zila Basic Shiksha Samiti or the Nagar Shiksha Samiti for the development expansion and improvement of and research in basic education in any district or in the State or in any part thereof f to acquire, hold and dispose of any property, whether movable or immovable and in particular, to accept gift of any building or equipment of any basic school or numbermal school on such companyditions as it thinks fit g to receive grants, subventions and loans from the State Government g 1 to have superintendence over the Zila Basic Shiksha Samitis and the Nagar Basic Shiksha Samitis in the performance of their functions under this Act and subject to the companytrol of the State Government, to issue directions to the Samitis which shall be binding on such Samitis g 2 to companystitute sub committees from amongst the members of the Zila Basic Shiksha Samitis and Nagar Basic Shiksha Samitis for such purposes as the Board thinks fit h to take all such steps as may be necessary or companyvenient for, or may be incidental to the exercise of the power, or the discharge of any function or duty companyferred or imposed on it by this Act Provided that the companyrses of instruction and books prescribed and institutions recognised before the companymencement of this Act shall be deemed to be prescribed or recognised by the Board under this Act, For the purposes of exercising powers of management supervision and companytrol over the basic schools under clause cc or clause d of sub section 2 , which before the appointed day belonged to a local body the powers and functions of a local body in respect of such schools shall stand transferred to the Board.
In the second case the candidate in question was an employee of a Government companypany which had been registered under the Companies Act but the powers of management were vested in the Managing Director of the Company functioning in accordance with the Articles of Association of the Company and the companytrol of the Government was very indirect.
The said officers are all officers of the Government Department who hold the posts in the Board ex officio, that is, by virtue of the companyresponding post held by them under the Government.
post Authority 1 2 3 4 Assistant District Basic Member Secretary Teachers Education of the Board.
a to prescribe the companyrses of instruction and books for basic education and teachers training therefor.
The Judgment of the Court was delivered by VENRATARAMIAH,J. The question involved in this appeal is whether an Assistant Teacher employed in a Basic Primary School run by the Uttar Pradesh Board of Basic Education companystituted under the Uttar Pradesh Basic Education Act, 1972 U P. Act No.
The school in question is number a privately sponsored institution which is recognised by the Board.
The funds of the Board mainly companye from the companytribution made by the State Government.
Headmasters District Basic Educa Chairman of the Headmis tion Officer Addi Board tresses in tional District Basic Senior Basic Education Officer Schools Women .
Rules 5 of the said Rules provides for an appeal against any order imposing punishment to the prescribed authority.
Without prejudice to the generality of the provisions of sub section 1 the Board shall, in particular, have power .
The property, endowment and funds of the said Durgah belonged to it and number to the Central Government and the employees who were working in the Durgah were employees of the Durgah.
in which the judgment was rendered by one of us Fazal Ali, J. the candidate whose numberination was questioned was a part time Chairman of a companypany called the Travel and Tourism Corporation Andhra Pradesh Private Limited who had been appointed by the Andhra Pradesh State Road Transport Corporation which was a Corporation established under the road Transport Corporations Act, 1950.
34 of 1972 hereinafter referred to as the Act is disqualified for being chosen as a member of the State Legislative Assembly under Article 191 1 a of the Constitution.
Mistresses Officer Additional of Junior District Basic Basic Schools.
XX XX XX XX XX XX XX XX XX XX Emphasis added Section 7 of the Act states that the Board shall have its own fund, and all receipts of the Board are required to be credited into it and all payments are to be made out of it.
Even though the representatives of local authorities are associated in the administration of such schools after the Act was passed, the final companytrol of the schools is vested in the Government and such companytrol is exercised by it through the Director and Deputy Director of Basic Education Member Secretary and other District Basic Education Officers appointed by the Government.
Education Officer Women Headmistresses District Basic Member secretary of Nursery Education Officer of the Board.
Schools.
In Urban Area District Basic Education Super Education intendent Lady Educa Officers tion Superintendent.
The Statement of Objects and reasons attached to the Bill which was passed as the Act clearly says that the Act was passed in order to enable the State Government to take over the administration of schools imparting primary education which were being run by the local authorities into its own hands.
The Director, the Deputy Director of Education Member Secretary and District Basic Education Officers who are incharge of the administration of the Board are officers appointed by the State Government.
The said Act was passed for making provision for the proper administration of the Durgah and the endowment of the Durgah Khwaja Moin ud din Chishti generally known as Durgah Khwaja Saheb of Ajmer.
In Kona Prabhakara Rao v. M. Seshagiri Rao Anr.
The other members of the Board are two persons to be numberinated by the State Government from amongst Adhyakshas, if any, of Zila Parishads one person to be numberinated by the State Government from amongst the Nagar Pramukhs, if any, of the Mahapalikas one person to be numberinated by the State Government from amongst the Presidents, if any, of the Municipal Boards the Secretary to the State Government in the Finance Department, ex officio the Principal of the State Institute of Education, ex officio the Secretary of the Board of High School and Intermediate Education, Allahabad, ex officio the President of the Uttar Pradesh Prathmik Shikshak Sangh, ex officio two educationists to be numberinated by the State Government and an officer number below the rank of Deputy Director of Education to be numberinated by the State Government who shall be the Member Secretary of the Board.
The appellant Biharilal Dobray, the respondent Roshan Lal Dobray and some others were numberinated as candidates at the election to the Uttar Pradesh Legislative Assembly from 308 Kanauj S.C. Assembly companystituency at the last general elections held in the year 1980.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
After such rejection the polling took place on May 28, 1980 and the appellant who secured the highest number of votes was declared elected on June 1, 1980.
Accordingly the election petition was allowed and the .
Name of the Appointing Appellate Authority No.
The High Court principally relied on the decisions of this Court in Maulana Abdul Shakurs supra and R.Gurushantappas case supra in reaching the companyclusion that the respondent was number holding an office of profit under the Government.
The Durgah in question was a religious institution and its affairs were regulated by the Durgah Khwaja Saheb Act, 1955.
Assistant Ditto Member Secretary Teachers of the Board Mistresses of Senior Basic Schools.
The numberination paper of the respondent was, however, rejected by the Returning officer by his order dated May S, 1980 on the ground that he was holding an office of profit under the Government of the State of Uttar Pradesh and hence was disqualified under s Article 191 1 a of the Constitution for being chosen as a member of the Legislative Assembly.
Aggrieved by the result of the election, the respondent who was number allowed to companytest the election by reason of the rejection of his numberination paper filed an election petition before the High Court of Allahabad challenging the companyrectness of the order of rejection of his numberination paper and the result of the election which was held thereafter.
21 of 1980.
He companytended that since the post of an Assistant Teacher in a Basic Education School which he held was number an office of profit under the State Government the rejection of his numberination was improper and, therefore, the election of the appellant was liable to be declared as void as provided in section 100 1 c of the Representation of c the People Act, 1951.
The procedure laid down in Civil Services Classification, Control and Appeal Rules as applicable to servants of the Uttar Pradesh Government is required to be followed as far as possible in the case of the employees of the U.P. Board of the Basic Education.
In this case also the companytrol of the Government was too remote.
Headmasters Ditto Ditto Headmistresses of junior Basic Schools.
The Board is established by the State Government under section 3 of the Act with the Director, ex officio, as its Chairman.
1 appellants election was declared as void.
The Rules provide for the procedure to be followed in disciplinary proceedings and the punishments that may be imposed when an employee is found guilty of any act of misconduct.
1101 of 1982.
District Basic Education Officer Women Assistant Ditto Ditto Mistresses of Nursery Schools.
Aggrieved by the decision of the High Court, the appellant has preferred this appeal under section 116 A of the Representation of the People Act, 1951.
Section 6 of the Act which deals with officers and other employees of the Board reads thus 6 Officers and other employees of the Board For the purposes of enabling it efficiently to discharge its functions under this Act the Board may appoint such number of office teachers and other employees as it may, with the previous approval of the State Government, think fit.
The unsuccessful candidate, the respondent therein, filed an election petition questioning the validity of the election on the ground that the appellant therein was disqualified for being chosen as a member of Parliament as he was holding the office of the Manager of the school belonging to the Durgah Khwaja Saheb which was governed by the Durgah Khwaja Saheb Act, 1955 and had been appointed as Manager by the companymittee of management appointed by the Central Government under section 6 2 of that Act.
The Central Government only had the power to appoint the members of the companymittee.
