# Lokendra Kumar & Anr v. State of U.P. & Ors

- **Citation:** (2020) 6 ILRA 942
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2017-03-01
- **Case number:** WRIT A No. 59005 of 2012
- **Bench:** Vivek Chaudhary
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/lokendra-kumar-anr-v-state-of-u-p-ors-45831
- **Pages:** 5

## Headnote

Service Law - Appointment/Transfer -
U.P. Intermediate Education Act, 1921:
6 All. Lokendra Kumar & Anr. Vs. State of U.P. & Ors. 943
Section 9(4) - U.P. Secondary Education
Service Selection Board Act, 1982 - U.P.
High Schools and Intermediate Colleges
(Payment of Salaries of Teachers and
Other Employees) Act, 1971 - University
Grants Commission Act, 1956: Section
2(f), 3, 22
A perusal of the U.G.C. Act shows that the
same is for the purposes of creating a
Commission for regulating higher education
in the entire country. The same has no
concern at all with the secondary education.
The
Universities
including
a
Deemed
University can only confer degree for higher
education. The secondary education, i.e.,
intermediate and high school education in
the State of U.P. is covered by the Act of
1921 (or Central Board of Secondary
Education, Indian Certificate of Secondary
Education or Indian School Certificate, with
which
we
are
not
concerned
here).
Therefore, there is clear-cut distinction in
the entire State of U.P. with regard to higher
education being under exclusive domain of
the Universities or Deemed Universities and
secondary
education
being
with
the
Intermediate Education Board of the State
of U.P. Admittedly, the institution concerned
was recognized under the Act of 1921 and
Section 9 of the same gives ample power to
the State Government to pass orders with
regard to matters covered under the said
Act. Appointm
ent and removal of teachers of an inter
college can be made only as per the Act of
1982 and the provisions of the Act of 1921
stands superseded to the said extent.
Further, neither the Act of 1982 nor the Act
of 1921 confer any power upon the State
Government to transfer teachers of an inter
college to a University. Appointment of
teachers in a University can only be as per
the qualifications prescribed by the U.G.C.
Act
or
other
law
applicable.
The
Intermediate Education Act cannot by any
stretch of imagination cover appointment of
teachers in a University. The transfer of
petitioners, who were teachers with an inter
college, to a Deemed University is in
violation of the provisions of Act of 1982 as
the same does not provide transfer of any
teacher from an inter college to a University.
(Para 6)
The petitioner has assailed the order dated
11.10.2012 by which the inter college has
been disaffiliated and has been merged with
a deemed university. The petitioners who
are teachers of inter college also have been
sent the Deemed University as teachers.
They are not qualified as degree college
teachers. All the Universities including the
Deemed
University
can
only
dispense
education and grant degree with regard to
graduation and above and cannot impart
education
upto
intermediate
level.
Therefore, transfer of petitioners from a
recognized inter college to the Deemed
University is under challenge. (Para 4)
Writ Petition disposed of. (E-10)

List of cases cited:-

## Text

942 INDIAN LAW REPORTS ALLAHABAD SERIES
which acquittal had already been recorded
in a case involving moral turpitude or
offence of heinous/ serious nature, on
technical ground and it is not a case of
clean acquittal or benefit of reasonable
doubt has been given, the employer may
consider all relevant facts available as to
antecedents, and may take appropriate
decision as to the continuance of the
employee. Thus, the Apex Court in
matters of heinous/ serious crime where
acquittal has been granted on technical
ground has also tried to give benefit to the
employee as to continuance of their
service and the relevant authority may
consider the same taking into the fact the
earlier antecedents of the concerned
employee.

37. As from perusal of the case in
hand, it can safely be said that two
relevant periods that is, time of filling of
the form and secondly, stage of filling up
of the form of attestation, there was no
case pending against petitioners, and an
omission on their part to make disclosure
as mandated would not make them unfit
for consideration for the job in question.

38. The respondents while deciding
claim of petitioners pursuant to remand
order only took note of the form so
submitted by petitioners which were also
before the said authorities earlier in time
but failed to advert to the fact that this
Court
had
required
the
authorities
concerned to look at the case of
petitioners from the angle of principles
laid down in case of Avtar Singh (supra),
which respondents failed to consider and
decide in the light of the same.

39. I find that orders passed by
respondent
no.7
dated
1.3.2017,
respondent no.4 dated 20.3.2017 and
respondent no.5 dated 27.3.2017 are not
in the light of directions of this Court
dated
18.10.2016,
22.11.2016
and
22.12.2016 as such the same cannot be
sustained and are, hereby, quashed.

40. The respondents are expected to
decide the claim of petitioners in the light
of directions given by this Court earlier
on
18.10.2016,
22.11.2016
and
22.12.2016 as well as in light of principle
laid down in case of Avtar Singh (supra).
It is also expected that the entire exercise
shall be completed by the respondents
authorities
expeditiously,
preferably,
within a period of one month from the
date of production of certified copy of
this order, in accordance with law, by
reasoned and speaking order.

41. With the above direction, the
writ petition stands partly allowed.
----------
(2020)06ILR A942
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 19.02.2020

BEFORE
THE HON'BLE VIVEK CHAUDHARY, J.

WRIT A No. 59005 of 2012
connectedwith
WRIT A No. 47512 of 2015

Lokendra Kumar & Anr. ...Petitioners
Versus

State of U.P. & Ors. ...Respondents

Counsel for the Petitioners:
Sri Siddharth Khare, Sri Ashok Khare

Counsel for the Respondents:
C.S.C., Sri Anant Vijay

Service Law - Appointment/Transfer -
U.P. Intermediate Education Act, 1921:
6 All. Lokendra Kumar & Anr. Vs. State of U.P. & Ors. 943
Section 9(4) - U.P. Secondary Education
Service Selection Board Act, 1982 - U.P.
High Schools and Intermediate Colleges
(Payment of Salaries of Teachers and
Other Employees) Act, 1971 - University
Grants Commission Act, 1956: Section
2(f), 3, 22
A perusal of the U.G.C. Act shows that the
same is for the purposes of creating a
Commission for regulating higher education
in the entire country. The same has no
concern at all with the secondary education.
The
Universities
including
a
Deemed
University can only confer degree for higher
education. The secondary education, i.e.,
intermediate and high school education in
the State of U.P. is covered by the Act of
1921 (or Central Board of Secondary
Education, Indian Certificate of Secondary
Education or Indian School Certificate, with
which
we
are
not
concerned
here).
Therefore, there is clear-cut distinction in
the entire State of U.P. with regard to higher
education being under exclusive domain of
the Universities or Deemed Universities and
secondary
education
being
with
the
Intermediate Education Board of the State
of U.P. Admittedly, the institution concerned
was recognized under the Act of 1921 and
Section 9 of the same gives ample power to
the State Government to pass orders with
regard to matters covered under the said
Act. Appointm
ent and removal of teachers of an inter
college can be made only as per the Act of
1982 and the provisions of the Act of 1921
stands superseded to the said extent.
Further, neither the Act of 1982 nor the Act
of 1921 confer any power upon the State
Government to transfer teachers of an inter
college to a University. Appointment of
teachers in a University can only be as per
the qualifications prescribed by the U.G.C.
Act
or
other
law
applicable.
The
Intermediate Education Act cannot by any
stretch of imagination cover appointment of
teachers in a University. The transfer of
petitioners, who were teachers with an inter
college, to a Deemed University is in
violation of the provisions of Act of 1982 as
the same does not provide transfer of any
teacher from an inter college to a University.
(Para 6)
The petitioner has assailed the order dated
11.10.2012 by which the inter college has
been disaffiliated and has been merged with
a deemed university. The petitioners who
are teachers of inter college also have been
sent the Deemed University as teachers.
They are not qualified as degree college
teachers. All the Universities including the
Deemed
University
can
only
dispense
education and grant degree with regard to
graduation and above and cannot impart
education
upto
intermediate
level.
Therefore, transfer of petitioners from a
recognized inter college to the Deemed
University is under challenge. (Para 4)
Writ Petition disposed of. (E-10)

List of cases cited:-

1. U.P. Secondary Education Service Selection
Board Vs. State of U.P. and others (2018) 13 SCC
720

(Delivered by Hon'ble Vivek Chaudhary, J.)

1. Heard Sri Ashok Khare, learned
Senior Advocate assisted by Sri Siddharth
Khare, learned counsel for petitioner,
learned Standing Counsel for the State and
learned counsel for respondent Deemed
University.

2. Petitioners are lecturers of R.E.I.
Inter College, Dayalbagh, Agra. The said
inter college was duly recognized and
aided
educational
institution
and
provisions of U.P. Intermediate Education
Act, 1921 (the 'Act of 1921'), U.P.
Secondary Education Service Selection
Board Act, 1982 (the 'Act of 1982') and
U.P. High Schools and Intermediate
Colleges (Payment of Salaries of Teachers
and Other Employees) Act, 1971 (the 'Act
of 1971') were applicable on the same.
Petitioners were selected by the U.P.
944 INDIAN LAW REPORTS ALLAHABAD SERIES
Secondary Education Service Selection
Board
and
in
pursuance
of
the
recommendations made by the Selection
Board, the District Inspector of Schools,
Agra
forwarded
their
names
for
appointment to the Management of R.E.I.
Inter College. In furtherance of the said
recommendations, the Management of
R.E.I. Inter College issued appointment
letters to the petitioners and, thus,
petitioners
joined
the
college.
On
11.10.2012 the State Government issued
an office order, in purported exercise of
powers under Section 9(4) of the
Intermediate Education Act, disaffiliating
the R.E.I. Inter College, Agra from the
Board of High School and Intermediate
Education, U.P., Allahabad and further
permitted its merger with Dayalbagh
Education Institute Deemed University,
Dayalbagh,
Agra,
subject
to
the
conditions
specified
therein.
The
conditions imposed were:-

"(i)
The
High
School
and
Intermediate Examination commencing from
the year 2014 would be conducted by
Dayalbagh Education Institute, Deemed
University, Dayalbagh, Agra, itself which
would have recognition as equivalent to High
School
and
Intermediate
Certificate
Examination conducted by Board of High
School & Intermediate Education.

(ii) The course curriculum and the
books of study would continue to remain the
same as stand prescribed by the Board of
High School & Intermediate Education and in
future the amendment/alteration would also
be applicable with formal approval from
Board of High School & Intermediate
Education.

(iii) The said institution would not
be affiliated to any other examining body and
the examination would be conducted by the
Deemed University itself.

(iv) The payment of salary to the
members of the staff would be paid in
accordance with the rules of the Deemed
University.

(v) All liability for payment of
salary, allowances, pension, G.P.F., Group
Insurance, etc., would be the sole liability of
the Deemed University and the State
Government would have no concern with the
same.

(vi) The members of the staff
presently employed in the institute would be
funded by the State Government and the
financial liability with regard to any future
increase in the staff would be borne by the
Deemed University itself.

(vii) Orders would be separately
issued by the Higher Education Department
of the State with regard to the grant to be paid
to be Deemed University.

3. Petitioners have challenged the
aforesaid order dated 11.10.2012 to the
extent they have been transferred under
the said order to the Deemed University.

4. Sri Ashok Khare learned Senior
Advocate for the petitioners submits that
by the impugned order the inter college
has been disaffiliated and has been
merged with a Deemed University.
Further, even the petitioners who are
teachers of inter college also have been
sent to the said Deemed University as
teachers. The Deemed University has
been asked to conduct examination
parallel
to
the
examination
being
conducted by the Education Board
equivalent to high school and inter
6 All. Lokendra Kumar & Anr. Vs. State of U.P. & Ors. 945
college. The teachers would be paid
salary by the Deemed University and
other liabilities with regard to teachers
and employees shall also shift to the
Deemed
University
and
the
State
Government shall have no concern with
the same. Thus, conditions imposed under
the impugned order are challenged and it
is argued that services of the petitioners
could not have been transferred from an
inter college to any University including
Deemed University. Counsel for the
petitioners states that petitioners are
qualified and selected as inter college
teachers by U.P. Secondary Education
Service Selection Board. They are not
qualified as degree college teachers. All
the Universities including the Deemed
University can only dispense education
and
grant
degree
with
regard
to
graduation and above and cannot impart
education up to intermediate level.
Therefore, the transfer of petitioners from
a recognized inter college to a Deemed
University is illegal.

5. Learned Standing Counsel and
learned counsel for respondent University
have
strongly
argued
that
State
Government has sufficient power under
Section
9(4)
of
the
Intermediate
Education Act to pass any order as it
deem fit and the Education Board is
bound to comply with the same. Counsel
for the respondent University states that
University has no objection in case the
petitioners
are
transferred
back
to
elsewhere. He submits that such a
statement is also made in paragraph-52 of
the
counter
affidavit
filed
by
the
University.

6. Section 2(f) of the University
Grants Commission Act, 1956 (U.G.C.
Act) defines University and Section 3
defines Deemed University. Admittedly,
respondent no.8 is a Deemed University.
Section 22 of the U.G.C. Act provides
that University shall have right of
conferring or granting degrees. A perusal
of the U.G.C. Act shows that the same is
for
the
purposes
of
creating
a
Commission
for
regulating
higher
education in the entire country. The same
has no concern at all with the secondary
education. The Universities including a
Deemed University can only confer
degree
for
higher
education.
The
secondary education, i.e., intermediate
and high school education in the State of
U.P. is covered by the Act of 1921 (or
Central Board of Secondary Education,
Indian Certificate of Secondary Education
or Indian School Certificate, with which
we are not concerned here). Therefore,
there is clear-cut distinction in the entire
State of U.P. with regard to higher
education being under exclusive domain
of
the
Universities
or
Deemed
Universities and secondary education
being with the Intermediate Education
Board of the State of U.P. Admittedly, the
institution concerned was recognized
under the Act of 1921 and Section 9 of
the same gives ample power to the State
Government to pass orders with regard to
matters covered under the said Act.
Appointment and removal of teachers of
an inter college can be made only as per
the Act of 1982 and the provisions of the
Act of 1921 stands superseded to the said
extent. Further, neither the Act of 1982
nor the Act of 1921 confer any power
upon the State Government to transfer
teachers of an inter college to a
University. Appointment of teachers in a
University can only be as per the
qualifications prescribed by the U.G.C.
Act
or
other
law
applicable. The
Intermediate Education Act cannot by any
946 INDIAN LAW REPORTS ALLAHABAD SERIES
stretch of imagination cover appointment
of teachers in a University. The transfer of
petitioners, who were teachers with an
inter college, to a Deemed University is in
violation of the provisions of Act of 1982
as the same does not provide transfer of
any teacher from an inter college to a
University. Thus, the impugned order
dated 11.10.2012 to the said extent is bad
and is set aside.

7. The Supreme Court in case of
U.P.
Secondary
Education
Service
Selection Board Vs. State of U.P. and
Others reported in (2018) 13 SCC 720,
provided that the Board would have
sufficient power to accommodate teachers
from one inter college to another inter
college in specific circumstances. In the
present case, since the inter college has
been de-recognized, the teachers of the
inter college, who were duly selected by
the U.P. Secondary Education Service
Selection
Board,
have
to
be
accommodated as lecturers in their
respective subjects in other similar
colleges. The Director of Education
(Secondary), U.P., Lucknow is therefore
directed to ensure that the petitioners are
accommodated in other recognized inter
college, on which provision of U.P.
Intermediate Education Act, 1921, U.P.
Secondary Education Service Selection
Board Act, 1982 and U.P. High Schools
and Intermediate Colleges (Payment of
Salaries
of
Teachers
and
Other
Employees) Act, 1971 are applicable,
within the District Agra. Since, the
petitioners have been continuously in
service, therefore, it goes without saying
that they shall be entitled to their earlier
seniority
also
in
such
appropriate
colleges. The Director shall ensure that
such an exercise is completed within a
period of four months from the date a
certified copy of this order is placed
before him and in case vacancies within
the District Agra are not available in the
aforesaid period of four months, they
shall be accommodated immediately
thereafter whenever such vacancies first
accrue.

8. With the aforesaid, both the writ
petitions stand disposed of.
----------
(2020)06ILR A946
APPELLATE JURISDICTION
CRIMINAL SIDE
DATED: ALLAHABAD 11.02.2020

BEFORE

THE HON'BLE AJIT SINGH, J.

Criminal Appeal No. - 730 of 2017

Hari Singh ...Appellant (In Jail)
Versus
State of U.P. & Anr. ...Opposite Parties

Counsel for the Appellant:
Sri Vikash Singh, Sri Bhagi Rathi Tiwari

Counsel for the Opposite Parties:
A.G.A., Sri Amit Mishra

Criminal Law-Indian Penal Code, 1860Section 120B [read with section 420,
467, 468, 471 IPC and section 13(2)
read with section 13(1)(d) Prohibition of
Corruption Act, 1988 ] - Appeal against
conviction.

Benefit of undergone-
Conviction upheld sentences reduced to the
period
of
imprisonment

has
already
undergone.

Criminal Appeal disposed of (E-2)

List of cases cited: -

1. Mohd. Giasuddin Vs St. of AP, AIR 1977 SC
1926.