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Judgment
B.S. Verma, J.—Heard learned Counsel for the parties.
By means of this writ petition, Petitioner has sought writ in the nature of certiorari quashing the impugned order dated 12.11.2010 (Annexure No. 10 to the writ petition), passed by Respondent No. 3.
Learned Standing Counsel for the State contended that the Petitioner has an alternative remedy to file appeal u/s 47 of Uttaranchal School Education Act, 2006.
Perusal of the impugned order shows that this order has been passed under the Provisions of the Uttar Pradesh High Schools and Intermediate Colleges (Payment of Salaries of Teachers and Other Employees) Act, 1971. Learned Senior Advocate, appearing on behalf of the Petitioner, drew attention of this Court to the Section 60 of Uttaranchal School Education Act, 2006. Said Section is being reproduced as under:
60- Repeal and Saving: (1) The Uttaranchal (The Uttar Pradesh Intermediate Education Act, 1921) Adaptation and Modification Order, 2002, the Uttaranchal (The Uttar Pradesh Basic Education Act, 1972) Adaptation and Modification Order, 2002, the Uttar Pradesh High Schools and Intermediate Colleges (Payment of Salaries of Teachers and Other Employees) Act, 1971 and the Uttar Pradesh Junior High School (Payment of Salaries of Teachers and Other Employees) act, 1978 are hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the Principal Acts referred to in Sub-section (1) shall be deemed to have been done or taken under the corresponding provisions of the Act as if the provisions of the Act were in force at all material times.
In view of Section 60 of Uttaranchal School Education Act, 2006, Uttar Pradesh High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971, has been repealed. Therefore, the order passed by the District Education Officer is without jurisdiction.
Since the impugned order has been passed under Uttar Pradesh High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971, has been repealed by Uttaranchal School Education Act, 2006, therefore, the same is nullity in the eyes of law and is liable to be set-aside on this sole ground. The writ petition deserves to be allowed without inviting counter affidavit. The writ petition is allowed. District Education Officer may proceed further in the matter in accordance with the provision of Uttaranchal School Education Act, 2006, after giving opportunity of hearing to the Petitioner.