HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 20401 of 2019 Court No. - 38 HON'BLE DONADI RAMESH, J. 1. Heard Sri V.K. Singh, learned Senior Counsel assisted by Sri Hritudhwaj Pratap Sahi, learned counsel for the petitioner - Smt. Manju Shishodia in Writ-A No.20401 of 2019 and Sri Awadh Narrain Rai, learned counsel for the petitioners - committee of management in Writ-A No.19309 of 2019 and learned Standing Counsel for the State- respondents. 2. Both the writ petitions have been filed by the petitioners challenging the order dated 02.11.2019 passed by the District Inspector of Schools, Muzaffarnagar. 3. Grievance in both the writ petitions is that the impugned order has been passed without obtaining prior approval as mandated under Section 21 of the U.P. Secondary Education Services Selection Board Act, 1982. The petitioner in Writ-A No.20401 of 2019 was appointed as officiating principal based on the seniority and she continued in the same post. When the committee of management suspended the petitioner, she filed Writ-A No.41126 of 2011 and based on the interim directions granted by this Court on 02.09.2011, the petitioner has continued in service. While working as Versus Counsel for Petitioner(s) : Hritudhwaj Pratap Sahi, Samarath Singh, Sankalp Narain Counsel for Respondent(s) : Awadh Narain Rai, C.S.C. Connected with WRIT - A No. - 19309 of 2019 Smt. Manju Shishodia .....Petitioner(s) State Of U.P.And 2 Others .....Respondent(s) Versus Counsel for Petitioner(s) : Awadh Narain Rai Counsel for Respondent(s) : C.S.C., Satyaveer Singh, Shashi Kant Verma C/M Sri Pran Nath Inter College, Muzaffar Nagar And Another .....Petitioner(s) State Of U.P. And 6 Others .....Respondent(s) officiating principal, the committee of management has suspended services of the petitioner vide order dated 18.02.2019. The petitioner filed Writ-A No.5150 of 2019 and said writ petition was disposed of vide order dated 05.04.2019 with the following directions: "In view of the above, this Court finds that the orders, impugned in the present writ petition, dated 18.2.2019, 8.3.2019, 27.3.2019 and 29.3.2019 cannot be sustained and are, accordingly, quashed. Matter is, accordingly, remitted to the District Inspector of Schools, Muzaffarnagar to passed an appropriate order, after affording an opportunity of hearing to the parties concerned under Section 16(G)7 of the Act of 1921. It is, however, clarified that since a period of 60 days has not yet passed, the petitioner would continue under suspension, which would remain subject to the orders to be passed by the Inspector concerned. The Inspector shall pass necessary orders in that regard, expeditiously, preferably within a period of six weeks from the date of presentation of certified copy of this order. Writ petition, accordingly, stands disposed of. " 4. Consequent to the above said directions, District Inspector of Schools, Muzaffarnagar has disapproved the suspension order passed by the committee of management vide order dated 20.09.2019. Aggrieved by the same, the committee of management approached this post by way of filing Writ-A No.15587 of 2019 and the said order was interdicted by this Court vide order dated 17.10.2019 on the ground of principles of natural justice. After disposal of the above said writ petition, the District Inspector of Schools, passed the impugned order on 02.11.2019 disapproving the suspension order of the petitioner and further reducing pay scale to the petitioner directing the committee of management to continue the petitioner to the post of Assistant Teacher. 5. Aggrieved by the said order, the present writ petitions have been filed one by the Principal and other by the committee of management. 6. Shri V.K. Singh, learned Senior Counsel appearing on behalf of the petitioner- Principal and Shri Awadh Narain Rai, learned counsel appearing on behalf of the petitioner - committee of management have jointly submitted that legal grounds raised by them are one and the same. As per section 21 of the U.P. Secondary Education Services Selection Board Act, 1982 (hereafter referred to as "the Act, 1982"), the 2nd respondent cannot pass the order without prior approval of the Board. For the benefit of litigation, the said Section 21 of the Act is extracted below: "Section 21. The Management shall not, except with the prior approval of the {Board} , dismiss any teacher or remove him from service, or serve on him any notice of removal from service, or reduce him in rank or reduce his emoluments or with hold his increment for any period (whether temporarily or permanently) and any such thing done without such prior approval shall be void." WRIA No. 20401 of 2019 2 7. Perusal of the above provisions clearly discloses that the management shall not, except with the prior approval of the Board, dismiss any teacher or remove him from service, or reduce rank or reduce his emoluments withholding his increment. Accordingly, in the instant case, the said provision has not been followed by the respondents. 8. Learned Senior Counsel appearing on behalf of the petitioner has further submitted that in view of the abolition of the Board under Section 16 G (3) of the U.P. Intermediate Education Act, 1921 (hereinafter referred to as "the Act, 1921"), powers were given to the District Inspector of Schools to approve or disapprove. In view of the said circumstances, learned counsel for the petitioners request to remand the matter once again to the respondent - District Inspector of Schools, Muzaffarnagar to exercise his powers under Section 16 G (3) of the Act, 1921. 9. Learned Counsel appearing on behalf of the respondent No.3 has conceded to the said submissions. 10. Considering the above submissions and on perusal of Section 21 of the Act, 1982, the impugned order dated 02.11.2019 passed by the District Inspector of Schools, Muzaffarnagar is set aside with further direction to the respondent - District Inspector of Schools, Muzaffarnagar to consider and pass appropriate orders exercising powers under Section 16 G (3) of the Act, 1921 after giving an appropriate opportunity to the petitioner as well as committee of management within a period of 3 month from the date of receipt of copy of this order. 11. With the aforesaid directions, both the writ petitions are disposed of. September 11, 2025 rkg WRIA No. 20401 of 2019 3 (Donadi Ramesh,J.) Digitally signed by :- RAKESH KUMAR GAUTAM High Court of Judicature at Allahabad Digitally signed by :- RAKESH KUMAR GAUTAM High Court of Judicature at Allahabad