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2025 DAILYLAW 24430 (ALL)

COMMITTEE OF MANAGEMENT, ST. JOSEPH JANTA INTER COLLEGE AND ANOTHER v. STATE OF U.P. AND 5 OTHERS

WRIA/2589/2025 · 2025-03-02

Saurabh Shyam Shamshery

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:29314 Court No. - 10 Case :- WRIT - A No. - 2589 of 2025 Petitioner :- Committee Of Management, St. Joseph Janta Inter College And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Vinod Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Vinod Kumar Singh, learned counsel for petitioners and Sri Saurabh, learned Standing Counsel for State-Respondents. 2. Petitioners are aggrieved that without any requisition for arrangement by petitioner-institution (a minority institution) in terms of Regulation 101, Chapter III of U.P. Intermediate Education Act, 1921, the Respondent-State has appointed two Class IV employees in institution on basis of outsourcing. 3. Learned counsel for petitioners submits that aforesaid order may cause interference in management of institution since appointed employees have no relationship with them, i.e., employer and employee. He, however, fairly submits that so far as salary is concerned, it is to be paid by State and there is no burden on petitioner-institution. 4. Learned Standing Counsel submits that this is an arrangement in terms of Regulation 101 where word arrangement is used for the purpose of Class-IV employees. There is no challenge to selection process as well as petitioner-institution is not prejudice since salary has to be paid by State. 5. I have considered the above submissions. Since admittedly under the amended provisions, two Class-IV employees have been appointed on basis of outsourcing in petitioner-institution, it cannot be considered that it is an interference in management of institution. The financial burden is also on the State. However, Committee of Management will always have liberty that in case work of two Class-IV outsource appointees is not found satisfactory or there is any allegation of disobedience, it can inform the District Inspector of Schools concerned, who will take necessary action in accordance with law, after giving opportunity of hearing, if necessary. 6. With aforesaid observation, this writ petition is disposed of. Order Date :- 3.3.2025 AK Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad