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Judgment
M. Katju, J.—Heard counsels for the parties.
The controversy in this case is as to whether prior approval u/s 16G(3) of U.P. Intermediate Education Act is required before terminating the service of a teacher of a minority institution. This point is covered by a Full Bench decision of this Court in the case of Smt. J.K. Kalra v. R.I.G.S. Meerut and Ors. 1996 (2) ESC 421, where it has been held that prior approval is necessary. It has been held in paragraph 17 of the writ petition that no prior approval has been taken before terminating the service of the Petitioner and this allegation is not seriously controverted, rather in paragraph 60 of the counter-affidavit, it is stated that no prior approval was required before the removal of the Petitioner.
In these circumstances, order dated 16.7.1985 Annexure-4 to the writ petition is hereby quashed. The writ petition is allowed. No order as to costs. Copy of this order may be given to the parties within 2 days on payment of the usual charges.