# The C/m National Inter College, Bulandshahar & Anr v. The State of U.P. & Ors

- **Citation:** (2021) 1 ILRA 761
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2020-04-22
- **Case number:** Writ-A No. 9650 of 2018
- **Bench:** Sudhir Agarwal, Rajeev Misra
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/the-c-m-national-inter-college-bulandshahar-anr-v-the-state-of-u-p-ors-46127
- **Pages:** 51

## Headnote

A. Constitution of India - Article 29 and 30
- U.P. Intermediate Education Act, 1921 -
Section
16-E,
16-F
and
16-FF
-
Regulations framed under Act, 1921 -
Chapter-II,
Regulation-17
-
U.P.
Secondary Education Services Selection
Board
Act,
1982
-
Section
30
-
Applicability - Section 16-FF of Act, 1921
makes it very clear that Section 16-F will
not apply to minority institutions since an
overriding effect has been given by nonobstante clause and in respect of Section
16-E non obstinate clause apply to only
sub-section(4) and rest Section 16-F
therefore, would be applicable - Section
16-EE has been declared inapplicable to
the
Institutions
established
and
administered by a minority referred to in
Clause (1) of Article 30 of the Constitution
of India. (Para 21 and 22)
B. Constitution of India - Article 30 -
Regulation 17 framed under Act, 1921 -
G.Os.
dated
20.03.2018,
06.11.2018,
18.04.2019
and
12.08.2019
-
Amendments made in Regulation 17(A),
(B), (C), (D), (E), (F) and (G) - West
Bengal Madarsah Service Commission Act,
2008 - Ss. 8, 10, 11 and 12 - Selection
and
appointment
of
teachers
-
Enhancement of transparency, efficiency
and standard of imparting education to
the students - Introduction of holding the
screening
test
through
a
private
recruitment Agency - Validity - Held,
Statutory
provisions
made
by
the
respondent-authorities
are
even
less
regulatory than the same were in the case
of West Bengal - Only an element of open
test in the form of written test has been
introduced, which will determine merit of
the candidates - This is for bringing in
transparency, impartiality, fairness and
non arbitrariness in selection and it is in
the interest of public at large, students'
community and national interest. (Para 42
and 64)
C. Constitution of India - Article 30 -
Ambit
and
Limitation
-
Minority
Institution - Right of administration -
State's power - National Interest - Held,
any regulation framed in the national
interest must necessarily apply to all
educational institutions, whether run by
majority or minority - Such a limitation
must necessarily be read into Article 30 -
Right under Article 30(1) cannot be such
as to override the national interest or to
prevent
Government
from
framing
regulations in that behalf - It is, of course,
true that government regulations cannot
destroy
the
minority
character
of
institution or make the right to establish
and administer a mere illusion, but the
762 INDIAN LAW REPORTS ALLAHABAD SERIES
right under Article 30 is not so absolute so
as to be above the law. (Para 46 and 61)
Writ Petition dismissed. (E-1)
Cases relied on :-

## Text

_Characters 0–39,104 of 138,230. This is a partial read: ask again with offset=39104 for what follows._

1 All. The C/m National Inter College, Bulandshahar & Anr. Vs. The State of U.P. & Ors.
761

Pending applications, if any, stands
disposed of.
----------
(2021)01ILR A761
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 22.04.2020

BEFORE

THE HON'BLE SUDHIR AGARWAL, J.
THE HON'BLE RAJEEV MISRA, J.

Writ-A No. 9650 of 2018
Connected with Writ-A Nos. 14320 of 2018,
15142 of 2018, 15146 of 2018, 15330 of 2018,
15794 of 2018, 17434 of 2018, 18488 of 2018,
21083 of 2018, 21592 of 2018, 21900 of 2018,
25524 of 2018, 26001 of 2018, 26442 of 2018,
3708 of 2019, 5286 of 2019, 5289 of 2019,
5291 of 2019, 5292 of 2019, 5295 of 2019,
5297 of 2019, 5299 of 2019, 5300 of 2019,
5315 of 2019, 5316 of 2019, 5317 of 2019,
5320 of 2019, 5321 of 2019, 6148 of 2019,
8488 of 2019, 13770 of 2019 and 20775 of
2018

The
C/m
National
Inter
College,
Bulandshahar & Anr. ...Petitioners
Versus
The State of U.P. & Ors. ...Respondents

Counsel for the Petitioner:
Sri Radha Kant Ojha, Sri Shivendu Ojha

Counsel for the Respondents:
C.S.C.

A. Constitution of India - Article 29 and 30
- U.P. Intermediate Education Act, 1921 -
Section
16-E,
16-F
and
16-FF
-
Regulations framed under Act, 1921 -
Chapter-II,
Regulation-17
-
U.P.
Secondary Education Services Selection
Board
Act,
1982
-
Section
30
-
Applicability - Section 16-FF of Act, 1921
makes it very clear that Section 16-F will
not apply to minority institutions since an
overriding effect has been given by nonobstante clause and in respect of Section
16-E non obstinate clause apply to only
sub-section(4) and rest Section 16-F
therefore, would be applicable - Section
16-EE has been declared inapplicable to
the
Institutions
established
and
administered by a minority referred to in
Clause (1) of Article 30 of the Constitution
of India. (Para 21 and 22)
B. Constitution of India - Article 30 -
Regulation 17 framed under Act, 1921 -
G.Os.
dated
20.03.2018,
06.11.2018,
18.04.2019
and
12.08.2019
-
Amendments made in Regulation 17(A),
(B), (C), (D), (E), (F) and (G) - West
Bengal Madarsah Service Commission Act,
2008 - Ss. 8, 10, 11 and 12 - Selection
and
appointment
of
teachers
-
Enhancement of transparency, efficiency
and standard of imparting education to
the students - Introduction of holding the
screening
test
through
a
private
recruitment Agency - Validity - Held,
Statutory
provisions
made
by
the
respondent-authorities
are
even
less
regulatory than the same were in the case
of West Bengal - Only an element of open
test in the form of written test has been
introduced, which will determine merit of
the candidates - This is for bringing in
transparency, impartiality, fairness and
non arbitrariness in selection and it is in
the interest of public at large, students'
community and national interest. (Para 42
and 64)
C. Constitution of India - Article 30 -
Ambit
and
Limitation
-
Minority
Institution - Right of administration -
State's power - National Interest - Held,
any regulation framed in the national
interest must necessarily apply to all
educational institutions, whether run by
majority or minority - Such a limitation
must necessarily be read into Article 30 -
Right under Article 30(1) cannot be such
as to override the national interest or to
prevent
Government
from
framing
regulations in that behalf - It is, of course,
true that government regulations cannot
destroy
the
minority
character
of
institution or make the right to establish
and administer a mere illusion, but the
762 INDIAN LAW REPORTS ALLAHABAD SERIES
right under Article 30 is not so absolute so
as to be above the law. (Para 46 and 61)
Writ Petition dismissed. (E-1)
Cases relied on :-
1. Re Vs Sidhajbhai Sabhai & ors. Vs St. of
Bombay & anr., AIR 1963 SC 540
2. Jadunath Singh Vs St. of U.P., AIR 1971 SC
363
3. Ahmedabad St. Xavier's College Society Vs
St. of Guj., AIR 1974 SC 1389
4. All Saints High School Vs Govt. of A.P., AIR
1980 SC 1042
5. N. Ammad Vs Manager, Emjay High School &
ors., AIR 1999 SC 50
6. TMA Pai Foundation Vs St. of Kerala, AIR
2003 SC 356
7. Brahmo Samaj Education Society Vs St. of
W.B. & ors. , AIR 2004 SC 3358
8. P.A. Inamdar Vs St. of Maharashtra, AIR
2005 SC 3799
9. Secretary Malankara Syrian Catholic College
Vs T. Jose, AIR 2007 SC 570
10. Sindhi Education Society & anr.Vs Chief
Secretary, Government of NCT of Delhi & ors. ,
(2010) 8 SCC 49
11. In Re Kerala Education Bill, 1957 AIR 1958
SC 956
12. Shainda Hasan Vs St. of U.P.& ors. , (1990)
3 SCC 48
13. Civil Appeal No. 5808 of 2017, Sk. Md.
Rafique
Vs
Managing
Committee,
Contai
Rahamania High Madrasah & ors. decided by
Supreme Court on 06.01.2020

(Delivered by Hon'ble Sudhir Agarwal, J.)

1. Heard Sri Radha Kant Ojha, Senior
Advocate, assisted by Sri Shivendu Ojha,
Advocate,
Sri
Ashok
Khare,
Senior
Advocate, assisted by Sri Aklank Kumar
Jain, Sri Anurag Shukla, Advocate, Sri
Jamil Ahmad Azmi, Advocate, Sri Syed
Khursheed Anwar Alvi, Advocate, Sri
Shailendra, Senior Advocate, assisted by
Sri S.M. Iqbal Hasan, Advocate, for
petitioners,
and
Sri
Manish
Goel,
Additional Advocate General assisted by
Sri Subhash Rathi, Additional Chief
Standing Counsel for respondents.

2. In all these 32 writ petitions,
mainly
filed
by
Committees
of
Management
of
various
Secondary
Educational Institutions, common questions
of law and facts have been raised. Broadly,
challenge is to amendment made in
Regulation-17, Chapter-II of Regulations
framed under U.P. Intermediate Education
Act, 1921 (hereinafter referred to as 'Act,
1921'), notified vide Notification dated
20.03.2018 published in Official Gazette
dated 24.03.2018. The petitioners have also
challenged
Government
Order
dated
12.03.2018. Since relief prayed in all these
writ petitions are broadly similar, the same
have been heard together and are being
decided by this common judgment.

3. Learned counsel for parties have
agreed to treat Writ Petition (Writ- A) No.
9650 of 2018 as a leading writ petition and
referred to the pleadings thereof while
addressing this Court.

4. The relevant facts disclosed in the
leading Writ Petition (Writ- A) No. 9650 of
2018 (hereinafter referred to as 'WP-1'), in
brief, may be described as under.

5. WP-1 has been filed by Committee
of Management, National Inter College,
Shikarpur,
Bulandshahr,
stating
that
National
Inter
College,
Shikarpur,
Bulandshahr (hereinafter referred to as
'NIC Shikarpur'), is a minority Secondary
Educational Institution, recognized by
1 All. The C/m National Inter College, Bulandshahar & Anr. Vs. The State of U.P. & Ors.
763
Board of High School and Intermediate
Education, U.P. (hereinafter referred to as
"U.P. Board") and governed by the
provisions of Act, 1921. It is imparting
education upto Intermediate but aided upto
High School level only. For the purpose of
payment of salary to teaching and non
teaching staff, upto High School, it is
governed by the provisions of U.P. High
Schools
and
Intermediate
Colleges
(Payment of Salaries to the Teachers and
other Employees) Act, 1971 (hereinafter
referred to as "Act, 1971"). It is stated that
for selection of teaching staff including
Principal, procedure has been provided
under Section 16-E and 16-F of Act, 1921.
Section 16-FF is an exception making
provision for selection of teaching staff in
Minority
Educational
Institutions
and
provides
constitution
of
Selection
Committee
as
also
procedure
for
appointment. Regulations 10 to 17 provide
procedure for appointment of Teachers and
Principals
in
recognized
Secondary
Educational Institutions.

6. State Government issued an order
dated 12.03.2018 stating that in exercise of
powers under Section 16(2) of Act, 1921,
Governor has approved amendment in
Regulation-17 Chapter-II of Regulations
framed under Act, 1921. Under the amended
provision, selection of teaching staff is now
to be made by a Private Agency through
Joint Director of Education (hereinafter
referred to as "JDE") or District Inspector of
Schools (hereinafter referred to as "DIOS")
and five names for each vacancy shall be
recommended to the College, who will
conduct
interview
and
thereafter
appointment will be made. It is said that this
interference in the right of appointment of
teaching staff is violative of Section 16-FF
of Act, 1921 read with Article 29 of
Constitution of India.

7. Petitioners, have prayed that
Government Order dated 12.3.2018 be
declared ultra vires, insofar as it relates to
Regulation 17(D), Chapter-II of Regulations
framed under Act, 1921, of Article 29 of
Constitution of India and also Section 16-FF
of Act, 1921. A mandamus has also been
prayed
that
respondents
should
not
implement or give effect to Government
Order dated 12.03.2018 to the extent
Regulation 17(D) of Chapter-II has been
amended by aforesaid Government Order.

8. Respondents have contested WP-1
by filing counter affidavit sworn by Sri
Radha Krishna Tiwari, DIOS, Bulandshahr,
stating
that
NIC,
Shikarpur,
District
Bulandshahr
is
a
non
government
recognized
Secondary
Educational
Institution. It is aided by State Government
upto High School. It is also admitted that it
is a minority institution but governed by
Act, 1921 and Act, 1971. Appointments of
teachers and employees are made in
accordance with the directions contained
under Government Orders, issued from
time to time. It is said that only
Government Order dated 12.03.2018 has
been challenged though subsequently it was
further amended by Government vide
Government Order issued on 20.03.2018
and published in Official Gazette on
24.03.2018 publishing amendments made
in Regulation 17 of Act, 1921 by exercising
powers under Section 16(2) of Act, 1921. It
is said that aforesaid Notification has not
been challenged, therefore, writ petition is
liable to be dismissed. Regulation 17,
Chapter-II of Act, 1921, as has been
amended, do not override authority of
Management; it is not inconsistent to the
rights conferred by Article 29 and 30 of
Constitution of India; Managements still
has right to select candidates and only for
the betterment of Educational Institutions
764 INDIAN LAW REPORTS ALLAHABAD SERIES
and having competent staff, procedure for
screening has been provided by conducting
written test through a private agency but it
does not affect rights of Management in
any manner; it is only for the purpose of
making selection process transparent; no
absolute power of selection has been given
to Educational Authorities or a private
agency but power of selection still vests in
the Management and the procedure is only
to regulate better quality of education and
to maintain transparency in selection; there
is no interference by State Government in
the selection of candidates; amendment
does not affect authority of Management,
and, instead, procedure is to make the
things convenient and transparent.

9.

A
Supplementary
Counter
Affidavit has also been filed on behalf of
respondents
stating
that
Regulation
17(1)(D), Chapter-II of Regulations has
further been amended by Government
Orders dated 06.11.2018, 18.04.2019 and
12.08.2019 and since these Government
Orders are not challenged, therefore, relief
as prayed for in WP-1 cannot be granted
and it has rendered infructuous.

10. Necessity to amend Regulation
17(1)(D), Chapter-II of Regulations, arose
in order to maintain transparency in the
procedure relating to appointment of
Teachers and Principals in the Government
aided Institutions and to avoid any scope of
bias and personal interest on the part of
Management. Government received various
complaints of favoritism, partiality and
other illegalities in the matter of selection
and
appointment
of
Teachers
in
Government aided minority institutions and
to remove such eventualities and to ensure
appointment of more qualified Teachers
and Principals, to make the process of
selection free of whims of Management,
Regulation-17 has been amended, which is
only regulatory in nature.

11. It is further stated that challenging
Government Order dated 12.08.2019, Writ
Petition No. 27342 (M/B) of 2019 has been
filed at Lucknow Bench of this Court,
which is pending and therein respondents
have filed counter affidavit. It is said that
all
the
writ
petitions
challenging
Government
order
dated
12.03.2018,
without
challenging
subsequent
amendments, are not maintainable having
rendered infructuous and deserves to be
dismissed.

12. In all other writ petitions, this fact
is not disputed that those Institutions are
minority
Institutions
and
basically
challenge to the amendment made to
Regulation 17 is founded on the similar
grounds, therefore, we are not repeating the
facts of those cases, but, for convenience,
place on record, reliefs sought therein in
the form of chart, as under :

Sl.
No.
Writ
Petitions.
Prayer
1
9650 of 2018
(C/M
National
Inter College,
Shikarpur,
Bulandshahr
and
another
Vs. State of
U.P.
and
others)
(a) An order or
direction
declaring
the
Government
Order
dated
12.3.2018
(Annexure-1
to
the writ petition)
issued
by
respondent
no.1
so
far
as
amendment
in
Regulation 17(D)
of Chapter-II of
the
U.P.
Intermediate
Education Act as
1 All. The C/m National Inter College, Bulandshahar & Anr. Vs. The State of U.P. & Ors.
765
ultra-vires to the
Articles 29 and 30
of
the
Constitution
of
India,
as
well
as,also ultra-vires
to the Section 16FF
of
U.P.
Intermediate
Education
Act,
1921.
(b) An order or
direction
commanding
respondents not to
implement
and
give effect to the
Government
Order
dated
12.3.2018
(Annexure-1
to
the writ petition)
issued
by
respondent
no.1
so
far
as
amendment
in
Regulation 17(D)
of Chapter-II of
the
U.P.
Intermediate
Education
Act,1921.
(c)
Order/direction in
nature
of
mandamus
commanding the
respondents
to
permit
the
petitioner to make
selection of staff
as
per
rule
prevailing prior to
the amendment.
2
14320
of (i) to issue a writ,
2018
(C/M
Methodist
Girls
Inter
College Civil
Lines
and
another
Vs.
State of U.P.
and others)
order or direction
of suitable nature
holding impugned
notification dated
20.3.2018
(published
in
official gazette on
24.3.2018)as ultra
vires
to
the
Constitution
and
U.P. Intermediate
Education
Act
(copy
of
the
impugned
Notification dated
20.3.2018
is
enclosed
as
Annexure No.8 to
this petition).
(ii) to issue writ of
certiorari
quashing
the
Government
Order
dated
12.3.2018
(copy
enclosed
as
Annexure No.5 to
this petition).
(iii) to issue a
writ,
order
or
direction in the
nature
of
mandamus
commanding the
respondents
to
permit
the
petitioners to fill
all vacant posts in
their College in
accordance
with
the
un-amended
provisions
of
Regulation
17
contained
in
Chapter-II of the
766 INDIAN LAW REPORTS ALLAHABAD SERIES
U.P. Intermediate
Education
Act,
1921.

Amended
prayers
(vi) to issue a
writ,
order
or
direction in the
nature
of
mandamus
declaring
the
amendment
effected
in
Regulation
17(1)(g)
contained
in
Chapter-II of the
U.P. Intermediate
Education
Act,
1921
by
Notification dated
20.3.2018
as
published in the
U.P.
Gazette
dated
24.3.2018
as ultra vires the
Constitution
and
Section 16-FF of
the
U.P.
Intermediate
Education
Act,
1921.
(vii) to issue a
writ,
order
or
direction in the
nature
of
certiorari
quashing
the
impugned
Government
Order/Notification
dated
12.3.2018
(copy
of
the
impugned
Government
Order
dated
12.8.2018
is
enclosed
as
Annexure-1 to the
amendment
application).
3
15142
of
2018
(C/M
Jain
Kanya
Uchchatar
Madhyamik
Vidyalay Vs.
State of U.P.
and others)
(i) Issue a suitable
order or direction
in the nature of
mandamus
declaring
the
notification dated
20.3.2018
as
published in U.P.
Gazette
dated
24.3.2018 to be
violative
of
Article 30(1) of
Constitution
and
being ultra vires.
(ii)
Issue
a
suitable
writ,
order or direction
in the nature of
certiorari
quashing
the
Government
Order
dated
12.3.2018 issued
by the State Govt.
(Annexure No.3).
4
15146
of
2018
(C/M
Jain
Inter
College
Vs.
State of U.P.
and others)
(i) Issue a suitable
order or direction
in the nature of
mandamus
declaring
the
notification dated
20.3.2018
as
published in U.P.
Gazette
dated
24.3.2018 to be
violative
of
Article 30(1) of
Constitution
and
1 All. The C/m National Inter College, Bulandshahar & Anr. Vs. The State of U.P. & Ors.
767
being ultra vires.
(ii)
Issue
a
suitable
writ,
order or direction
in the nature of
certiorari
quashing
the
Government
Order
dated
12.3.2018 issued
by the State Govt.
(Annexure No.7).
5
15330
of
2018
(C/M
Khalsa Inter
College and
another
Vs.
State of U.P.
and others)
(i) a writ, order or
direction in the
nature
of
mandamus
declaring
the
notification dated
20.3.2018,
as
published in U.P.
Gazette
dated
24.3.2018
(Annexure-5
to
the writ petition)
to be violative of
Article 30(1) of
Constitution
and
being ultra vires.
(ii) a writ, order
or direction in the
nature
of
certiorari
quashing
the
Government
Order
dated
12.3.2018
(Annexure
No.4
to
the
writ
petition).

6
15794
of
2018
(C/M
Muslim Inter
College and
another
Vs.
(i) issue a writ,
order or direction
of suitable nature
declaring
the
impugned
State of U.P.
and others)
Government
Notification dated
20.3.2018
(published
in
official gazette on
24.3.2018)
enclosed
as
Annexure No.8 to
this petition) as
ultra-vires to the
provision
of
Constitution
of
India
and
U.P.
Intermediate
Education
Act,
1921.
(ii) issue writ of
certiorari
quashing
the
Government
Order
dated
12.3.2018
(copy
enclosed
as
Annexure No.7 to
this petition).
(iii) issue a writ,
order or direction
in the nature of
mandamus
commanding
respondents
to
permit petitioners
to fill all vacant
posts
in
their
College
in
accordance
with
the
un-amended
provisions
of
Regulation
17
contained
in
Chapter-II of the
U.P. Intermediate
Education
Act,
1921.
7
17434
of (i) to issue writ,
768 INDIAN LAW REPORTS ALLAHABAD SERIES
2018
(C/M
St.
Judes
Inter College
Vs. State of
U.P.
and
others
order or direction
in the nature of
certiorari
quashing
the
Government
Order
dated
12.3.2018
followed
by
Gazette
Notification dated
20.3.2018 issued
by
State
Govt.
(copy enclosed as
Annexure No.6 to
this petition).
(ii) to issue a writ,
order or direction
in the nature of
mandamus
restraining
respondents from
giving effect to
the Govt. Order
dated
12.3.2018
followed by U.P.
Gazette
Notification dated
20.3.2018.
8
18488
of
2018
(C/M
Acharya
Nami
Sagar
Jain
Inter
College and
another
Vs.
State of U.P.
and others)
(a) Issue a writ,
order or direction
of suitable nature
holding impugned
notification dated
20.3.2018
(published
in
official gazette on
24.3.2018)
as
ultra vires to the
Constitution
and
U.P. Intermediate
Education
Act
(copy
of
the
impugned
Notification dated
20.3.2018
is
enclosed
as
Annexure No.3 to
this petition).
(b)
Issue
writ,
order of direction
in the nature of
certiorari to quash
Government
Order
dated
12.3.2018
(Annexure-1)
issued
by
repondent
no.1
and
impugned
orders
dated
3.8.2018
and
10.8.2018
(Annexures No.8
and 10) passed by
respondent no.5.
9
21083
of
2018
(C/M
Sri
Shanti
Sagar
Digambar
Jain
Kanya
Inter College
Vs. State of
U.P.
&
others)

(i) to issue a writ,
order or direction
in the nature of
mandamus
declaring
Notification dated
20.3.2018
published in U.P.
Gazette
part-4
dated
24.3.2018
(Annexure-4
to
the writ petition)
as ultra vires to
Article 30 of the
Constitution
and
Section 16-FF of
U.P. Intermediate
Education
Act
(copy
of
the
impugned
Notification dated
20.3.2018 and to
treat the same as
null and void.
(ii) to issue writ,
1 All. The C/m National Inter College, Bulandshahar & Anr. Vs. The State of U.P. & Ors.
769
order or direction
in the nature of
certiorari,
quashing
the
Government
Order
dated
12.3.2018
(Annexure
No.3
to the petition)
issued by State
Govt.
(iii) to issue a
writ,
order
or
direction in the
nature
of
mandamus
commanding the
respondents
to
permit
the
petitioner to fill
all vacant posts
assistant teachers
in the College in
accordance
with
un-amended
provisions
of
Regulation
17
contained
in
Chapter-II of the
U.P. Intermediate
Education
Act,
1921.
10
21592
of
2018
(C/M
Jain
Sthanakwasi
Girls
Inter
College
Vs.
State of U.P.
& others)
(i) to issue a writ,
order or direction
in the nature of
mandamus
declaring
Notification dated
20.3.2018
published in U.P.
Gazette
part-4
dated
24.3.2018
(Annexure-6
to
the writ petition)
as ultra vires to
Article 30 of the
Constitution
and
Section 16-FF of
U.P. Intermediate
Education
Act
(copy
of
the
impugned
Notification dated
20.3.2018 and to
treat the same as
null and void.
(ii) to issue writ,
order or direction
in the nature of
certiorari,
quashing
the
Government
Order
dated
12.3.2018
(Annexure
No.4
to the petition)
issued by State
Govt.
(iii) to issue a
writ,
order
or
direction in the
nature
of
mandamus
commanding the
respondents
to
permit
the
petitioner to fill
all vacant posts
Lecturers and L.T.
Grade posts which
are lying vacant in
the
College
in
accordance
with
un-amended
provisions
of
Regulation
17
contained
in
Chapter-II of the
U.P. Intermediate
Education
Act,
770 INDIAN LAW REPORTS ALLAHABAD SERIES
1921.
11
21900
of
2019
(C/M
Talimuddin
Higher
Secondary
School
and
another
Vs.
State of U.P.
and others)
(i) to issue a writ,
order or direction
of suitable nature
holding
and
declaring
amended
Regulation
17(1)(d)
contained
in
Chapter-II of of
U.P. Intermediate
Education
Act
notified
vide
notification dated
20.3.2018
(published in U.P.
Gazette
on
24.3.2018
(Annexure-7
to
the writ petition)
as ultra vires to
Article 30 of the
Constitution
and
the provisions of
Section 16-FF of
U.P. Intermediate
Education Act.
(i-A) Issue writ,
order or direction
of suitable nature
of
holding
and
declaring
the
Government
Order
dated
12.3.2018
(Annexure No.8A to the petition)
as ultra vires to
Article 30 of the
Constitution
and
the provisions of
Section 16-FF of
U.P. Intermediate
Education Act to
the
extent
it
amends
Regulation 17 of
Chapter-II of U.P.
Intermediate
Education
Act,
1921.
(ii) to issue a writ,
order or direction
in the nature of
mandamus
commanding the
respondents
to
permit
the
petitioners to fill
all vacant posts in
their Colleges in
accordance
with
provisions Section
16-FF
of
U.P.
Intermediate
Education
Act,
1921 and Section
16-FF
of
U.P.
Intermediate
Education
Act,
1921 un-amended
of various clauses
of the Regulation
17(1)(d)
contained
in
Chapter-II of U.P.
Intermediate
Education
Act,
1921.
12
25524
of
2018
(C/M
Canossa
Convent
Girls
Inter
College and
another
Vs.
State of U.P.
& others)
(i) to issue writ,
order or direction
in the nature of
certiorari
quashing
the
Government
Order
dated
12.3.2018
followed
by
Gazette
1 All. The C/m National Inter College, Bulandshahar & Anr. Vs. The State of U.P. & Ors.
771
Notification dated
20.3.2018 issued
by
State
Govt.
vide letter dated
4.10.2018
by
DIOS
(copy
enclosed
as
Annexure No.5 to
this petition).
(ii) to issue a writ,
order or direction
in the nature of
mandamus
restraining
respondents from
giving effect to
the Govt. Order
dated
12.3.2018
followed by U.P.
Gazette
Notification dated
20.3.2018
followed by letter
dated 4.10.2018.
13
26001
of
2018
(C/M
Swami
Atmdev
Gopalanand
Inter College,
Farrukhabad,
and
another
Vs. State of
U.P.
and
others)
(i) to issue a writ,
order or direction
in the nature of
certiorari
quashing
the
impugned
notification dated
20.3.2018
(Annexure-3to the
writ
petition)
issued by State
Govt.
14
26442
of
2018
(C/M
Shri
Kund
Kund
Jain
Inter College
Vs. State of
U.P.
and
others)
(i) Issue a writ,
order or direction
in the nature of
certiorari
quashing
the
amendments
affected
by
notification dated
20.3.2018
as
published in the
U.P.
Gazette
dated
24.3.2018
as ultra-vires the
Constitution
and
legally
inoperative.

15
3708 of 2019
(C/M Sajida
Girls
Inter
College and
another
Vs.
State of U.P.
and others)
(i) to issue a writ,
order or direction
in the nature of
certiorari
quashing
the
impugned
notification dated
20.3.2018
(Annexure-3
to
the writ petition)
issued by State
Govt.
as
it
is
unconstitutional
and ultra-vires to
Article 30 of the
Constitution
of
India.
16
5286 of 2019
(C/M
A.L.
Nomani Inter
College and
another
vs.
State of U.P.
and others)
(i) to issue a writ,
order or direction
of suitable nature
holding
and
declaring
the
amended
Regulation
17(1)(d)
contained
in
Chapter-II of the
U.P. Intermediate
Education
Act,
1921 notified vide
notification dated
20.3.2018
(published
in
official gazette on
24.3.2018)
as
ultra
vires
to
Article 30 of the
772 INDIAN LAW REPORTS ALLAHABAD SERIES
Constitution
and
to the provisions
of Section 16-FF
of
U.P.
Intermediate
Education
Act,
1921
(Annexure
No.7
to
this
petition) and to
struck down the
impugned
amendment.
(i)-A. to issue a
writ,
order
or
direction
of
suitable
nature
holding
and
declaring
the
Govt. Order dated
12.08.2019
(Annexure
7-A)
as ultra vires to
Article 30 of the
Constitution
of
India and to the
provisions
of
Section 16-FF of
U.P. Intermediate
Education
Act,
1921 to the extent
it
amends
Regulation
17
contained
in
Chapter-II of the
U.P. Intermediate
Education
Act,
1921.
(ii) to issue a writ,
order or direction
in the nature of
mandamus
commanding
respondents
to
permit to fill all
vacant posts in
their Colleges in
accordance
with
the provisions of
Section 16-FF of
U.P. Intermediate
Education
Act,
1921 un-amended
of various clauses
of
Regulation
17(1)(d)
contained
in
Chapter-II of the
U.P. Intermediate
Education
Act,
1921.
17
5289 of 2019
(C/M
Mohammad
Ali
Purva
Madhyamik
Vidyalaya
and
another
Vs. State of
U.P.
and
others)
(i) to issue a writ,
order or direction
of suitable nature
holding
and
declaring
the
amended
Regulation
17(1)(d)
contained
in
Chapter-II of the
U.P. Intermediate
Education
Act,
1921 notified vide
notification dated
20.3.2018
(published
in
official gazette on
24.3.2018)
Annexure-6
as
ultra
vires
to
Article 30 of the
Constitution
and
to the provisions
of Section 16-FF
of
U.P.
Intermediate
Education
Act,
1921 and to struck
down the same.
(i)-A. to issue a
1 All. The C/m National Inter College, Bulandshahar & Anr. Vs. The State of U.P. & Ors.
773
writ,
order
or
direction
of
suitable
nature
holding
and
declaring
the
Govt. Order dated
12.08.2019
(Annexure
6-A)
as ultra vires to
Article 30 of the
Constitution
of
India and to the
provisions
of
Section 16-FF of
U.P. Intermediate
Education
Act,
1921 to the extent
it
amends
Regulation
17
contained
in
Chapter-II of the
U.P. Intermediate
Education
Act,
1921.
(ii) to issue a writ,
order or direction
in the nature of
mandamus
commanding
respondents
to
permit to fill all
vacant posts in
their Colleges in
accordance
with
the provisions of
Section 16-FF of
U.P. Intermediate
Education
Act,
1921 un-amended
of various clauses
of
Regulation
17(1)(d)
contained
in
Chapter-II of the
U.P. Intermediate
Education
Act,
1921 from giving
effect to the Govt.
Order
dated
12.3.2018
in
respect
of
petitioners college
being
minority
institutions
protected
under
Article 30 of the
Constitution
of
India.
18
5291 of 2019
( C/M R.A.
Qidwai
Balika
Inter
College and 2
others
Vs.
State of U.P.
and others)
(i) to issue a writ,
order or direction
of suitable nature
holding
and
declaring
the
amended
Regulation
17(1)(d)
contained
in
Chapter-II of the
U.P. Intermediate
Education
Act,
1921 notified vide
notification dated
20.3.2018
(published
in
official gazette on
24.3.2018)
as
ultra
vires
to
Article 30 of the
Constitution
and
to the provisions
of Section 16-FF
of
U.P.
Intermediate
Education
Act,
1921 (Annexure10).
(i)-A. to issue a
writ,
order
or
direction
of
suitable
nature
774 INDIAN LAW REPORTS ALLAHABAD SERIES
holding
and
declaring
the
Govt. Order dated
12.08.2019
(Annexure 10-A)
as ultra vires to
Article 30 of the
Constitution
of
India and to the
provisions
of
Section 16-FF of
U.P. Intermediate
Education
Act,
1921 to the extent
it
amends
Regulation
17
contained
in
Chapter-II of the
U.P. Intermediate
Education
Act,
1921.
(ii) to issue a writ,
order or direction
in the nature of
mandamus
commanding
respondents
to
permit petitioners
to fill all vacant
posts
in
their
Colleges
in
accordance
with
the provisions of
Section 16-FF of
U.P. Intermediate
Education
Act,
1921 read with of
Section 16-FF of
U.P. Intermediate
Education
Act,
1921 un-amended
of various clauses
of
Regulation
17(1)(d)
contained
in
Chapter-II of the
U.P. Intermediate
Education
Act,
1921.

19
5292 of 2019
(C/M Kidwai
Memorial
Girls
Inter
College
Vs.
State of U.P.
and others)
(A)
Issue
writ,
order or direction
in the nature of
mandamus
declaring
the
impugned
Government
Order
dated
12.3.2018
(Annexure-4)
as
ultra vires to the
provisions
of
Article 30 of the
Constitution
of
India
and
the
provision of U.P.
Intermediate
Education
Act,
1921.
(B) Issue a writ,
order or direction
in the nature of
mandamus
commanding and
directing
respondent
authorities to not
to give effect the
impugned
Govt.
Order
dated
12.3.2018 as far
as it relates to the
Minority
Educational
Institutions
(C) Issue a writ,
order or direction
of suitable nature
holding
and
declaring
the
1 All. The C/m National Inter College, Bulandshahar & Anr. Vs. The State of U.P. & Ors.
775
Govt. Order dated
12.8.2019
(Annexure
4-A)
as ultra vires to
Article 30 of the
Constitution
of
India and to the
provisions
of
Section 16-FF of
U.P. Intermediate
Education
Act,
1921 to the extent
it
amends
Regulation 17 of
Chapter-II of the
U.P. Intermediate
Education
Act,
1921.

20
5295 of 2019
(C/M
M.D.
Jain Uchattar
Madhyamik
Vidyalaya
and
another
Vs. State of
U.P.
and
others)
i. A writ, order or
direction in the
nature
of
certiorari
quashing
the
impugned
order
dated
18.5.2018
passed by Joint
Director
of
Education,
Agra
Region,
Agra
(Annexure-8
to
the writ petition),
in so far as it
disapproved
the
selections
made
by the petitioners'
management
for
appointment
against
teaching
post.
ii. A writ, order or
direction in the
nature
of
certiorari
declaring
the
amendments
affected
by
notification dated
20.3.2018
as
published in the
U.P.
Gazette
dated
24.3.2018
as ultra-vires the
Constitution
and
legally
inoperative.
iii. A writ, order
or
direction
of
suitable
nature
commanding the
respondents
to
permit
the
candidates
selected for the
two
posts
of
Assistant
Teachers in L.T.
Grade
and
to
function in their
respective
posts
and
also
to
sanction
the
disbursement
emolument
regularly
every
month.

21
5297 of 2019
(C/M Anglo
Bengali Girls
Inter College
and
another
Vs. State of
U.P.
and
others)
i. to issue a writ,
order or direction
of suitable nature
holding
the
impugned
Notification dated
20.3.2018
(as
published in the
U.P.
Gazette
dated 24.3.2018)
as ultra-vires to
the
Constitution
and
the
U.P.
776 INDIAN LAW REPORTS ALLAHABAD SERIES
Intermediate
Education
Act
(copy
of
impugned
notification
dated20.3.2018 is
enclosed
as
Annexure-5 to the
writ petition).
ii. to issue writ of
certiorari
quashing
the
Government
Order
dated
12.3.2018
(copy
of Govt. Order
dated 12.3.2018 is
enclosed
as
Annexure-3 to the
writ petition).
iii. to issue a writ,
order or direction
in the nature of
mandamus
commanding the
respondents
to
permit
the
petitioners to fill
all vacant posts in
their institution in
accordance
with
the
un-amended
provisions
of
Regulation
17
contained
in
Chapter-II of U.P.
Intermediate
Education
Act,
1921.

22
5299 of 2019
(C/M
Okm
Inter College
Lar
and
2
Others
Vs.
i) Issue a writ,
order or direction
in the nature of
certiorari
declaring
the
State of U.P.
and others)
amendment
affected
by
notification dated
20.3.2018
as
published in U.P.
Gazette
dated24.3.2018 as
ultra-vires
of
Constitution
and
legally
inoperative.
23
5300 of 2019
(C/M Public
Balika
Inter
College and
another
Vs.
State of U.P
and others)
(i) to issue a writ,
order or direction
of suitable nature
holding
and
declaring
the
amended
Regulation
17(1)(d)
contained
in
Chapter-II of the
U.P. Intermediate
Education
Act,
1921 notified vide
notification dated
20.3.2018
(published
in
official gazette on
24.3.2018)
as
ultra
vires
to
Article
30
of
Constitution
and
to the provisions
of Section 16-FF
of
U.P.
Intermediate
Education
Act,
1921 (Annexure7).
(i)-A. to issue a
writ,
order
or
direction
of
suitable
nature
holding
and
declaring
the
1 All. The C/m National Inter College, Bulandshahar & Anr. Vs. The State of U.P. & Ors.
777
Govt. Order dated
12.08.2019
(Annexure
7-A)
as ultra vires to
Article 30 of the
Constitution
of
India and to the
provisions
of
Section 16-FF of
U.P. Intermediate
Education
Act,
1921 to the extent
it
amends
Regulation
17
contained
in
Chapter-II of the
U.P. Intermediate
Education
Act,
1921.
(ii) to issue a writ,
order or direction
in the nature of
mandamus
commanding
respondents
to
permit petitioners
to fill all vacant
posts
in
their
Colleges
in
accordance
with
the provisions of
Section 16-FF of
U.P. Intermediate
Education
Act,
1921 read with
Section 16-FF of
U.P. Intermediate
Education
Act,
1921 un-amended
of various clauses
of
Regulation
17(1)(d)
contained
in
Chapter-II of the
U.P. Intermediate
Education
Act,
1921.

24
5315 of 2019
(C/M
Hafiz
Mohammad
Siddique
Islamia Inter
College and
another
Vs.
State of U.P.
and others)
(i) to issue a writ,
order or direction
of suitable nature
holding
and
declaring
the
amended
Regulation
17(1)(d)
contained
in
Chapter-II of the
U.P. Intermediate
Education
Act,
1921 notified vide
notification dated
20.3.2018
(published
in
official gazette on
24.3.2018)
as
ultra
vires
to
Article 30(1) of
the
Constitution
of India and to the
provisions
of
Section 16-FF of
U.P. Intermediate
Education
Act,
1921
(Annexure
No.8
to
this
petition) and to
struck down the
impugned
amendment.
(i)-A. to issue a
writ,
order
or
direction
of
suitable
nature
holding
and
declaring
the
Govt. Order dated
12.08.2019
(Annexure
8-A)
as ultra vires to
778 INDIAN LAW REPORTS ALLAHABAD SERIES
Article 30 of the
Constitution
of
India and to the
provisions
of
Section 16-FF of
U.P. Intermediate
Education
Act,
1921 to the extent
it
amends
Regulation
17
contained
in
Chapter-II of the
U.P. Intermediate
Education
Act,
1921.
(ii) to issue a writ,
order or direction
in the nature of
mandamus
commanding
respondents
to
permit to fill all
vacant posts in
petitioner's
College
in
accordance
with
the provisions of
Section 16-FF of
U.P. Intermediate
Education
Act,
1921 read with
un-amended
Regulation
17
contained
in
Chapter-II of the
U.P. Intermediate
Education
Act,
1921.
25
5316 of 2019
(C/M
St.
Marys
Inter
College and
another
Vs.
State of U.P.
and others)
(i) to issue writ,
order or direction
in the nature of
certiorari
quashing
the
impugned
Government
Order
dated
12.3.2018
and
Gazette
Notification dated
20.3.2018
together issued by
State Govt. (copy
enclosed
as
Annexure-6
to
this petition).
(ii) to issue a writ,
order or direction
in the nature of
mandamus
restraining
respondents from
giving effect to
the Govt. Order
dated
12.3.2018
followed
by
Gazette
Notification dated
20.3.2018.
(iii) to issue any
other writ, order
or direction which
this Hon'ble Court
may deem fit and
proper
in
the
circumstances of
the case.
(iv) to award costs
of the petition to
the petitioners.
26
5317 of 2019
(C/M.
St.
Francis High
School
Vs.
State of U.P.
and others)
(i) to issue writ,
order or direction
in the nature of
certiorari
quashing
the
impugned
Government
Order
dated
12.3.2018
and
Gazette
Notification dated
1 All. The C/m National Inter College, Bulandshahar & Anr. Vs. The State of U.P. & Ors.
779
20.3.2018
together issued by
State Govt. (copy
enclosed
as
Annexure-6
to
this petition).
(ii) to issue a writ,
order or direction
in the nature of
mandamus
restraining
respondents from
giving effect to
the
Government
Order
dated
12.3.2018.
27
5320 of 2019
(C/M
Of
Chaman Lal
Digamber
Jain
Kanya
Inter College
Rampur and
9 Others Vs.
State of U.P.
and others)
(i) Issue a writ,
order or direction
in the nature of
certiorari
quashing
the
impugned Gazette
notification dated
20.3.2018
(published
in
official gazette on
24.3.2018)
and
Government
Order
dated
12.3.2018
(Annexure-4)
as
ultra-vires to the
provisions
of
Section 16-FF of
Intermediate
Education
Act,
1921 as well as of
Article 30 of the
Constitution
of
India.
(ii) Issue a writ,
order or direction
in the nature of
mandamus
directing
respondents
to
permit
the
petitioners to fill
all
the
vacant
posts
in
their
colleges
in
accordance
with
un-amended
provisions of U.P.
Intermediate
Education
Act,
1921 as well as
Regulations
framed
thereunder.
28
5321 of 2019
(C/M.
Josephs Inter
College and 2
others
Vs.
State of U.P.
and others)
(i) to issue writ,
order or direction
in the nature of
certiorari
quashing
the
impugned
Government
Order
dated
12.3.2018
and
Gazette
Notification dated
20.3.2018
together issued by
State Govt. (copy
enclosed
as
Annexure-6
to
this petition).
(ii) to issue a writ,
order or direction
in the nature of
mandamus
restraining
respondents from
giving effect to
the
Government
Order
dated
12.3.2018
followed
by
Gazette
Notification dated
780 INDIAN LAW REPORTS ALLAHABAD SERIES
20.3.2018.
29
6148 of 2019
(C/M Falah E
Darain
Punjabi Inter
College
Vs.
State of U.P.
and others)
1. Issue a writ,
order or direction
of suitable nature
holding
the
impugned
Notification dated
20.3.2018
(as
published in the
Gazette
on
24.3.2018)
as
ultra-vires to the
Constitution
of
India and the U.P.
Intermediate
Education
Act
(copy
of
impugned
notification dated
20.3.2018
is
enclosed
as
Annexure-4 to the
writ petition).
2. Issue a writ,
order of direction
in the nature of
certiorari
quashing
the
Government
Order
dated
12.3.2018
(copy
enclosed
as
Annexure-2 to the
writ petition).
3. Issue a writ,
order of direction
in the nature of
mandamus
commanding
respondents
to
permit
the
petitioner to fill
all vacant posts in
his
College
in
accordance
with
the
un-amended
provisions
of
Regulation
17
contained
in
Chapter-II of U.P.
Intermediate
Education
Act,
1921.
30
8488 of 2019
(C/M
Mubarakpur
Inter College
and
another
Vs. State of
U.P.
and
others)
(i) to issue a writ,
order or direction
of suitable nature
holding
and
declaring
amended
Regulation
17(1)(d)
contained
in
Chapter-II of of
U.P. Intermediate
Education
Act
notified
vide
notification dated
20.3.2018
(published
in
official gazette on
24.3.2018)
(Annexure-7
to
the writ petition)
as ultra vires to
Article 30 of the
Constitution
and
the provisions of
Section 16-FF of
U.P. Intermediate
Education Act.
(i-A) Issue writ,
order or direction
of suitable nature
of
holding
and
declaring
the
Government
Order
dated
12.8.2019
(Annexure No.8A to the petition)
1 All. The C/m National Inter College, Bulandshahar & Anr. Vs. The State of U.P. & Ors.
781
as ultra vires to
Article 30 of the
Constitution
and
the provisions of
Section 16-FF of
U.P. Intermediate
Education
Act,1921 to the
extent it amends
Regulation 17 of
Chapter-II of U.P.
Intermediate
Education
Act,
1921.
(ii) to issue a writ,
order or direction
in the nature of
mandamus
commanding the
respondents
to
permit
the
petitioners to fill
all vacant posts in
their Colleges in
accordance
with
provisions Section
16-FF
of
U.P.
Intermediate
Education
Act,
1921 read with
Section 16-FF of
U.P.