Har Saran Kakkar and Others vs Addl. Director of Education and Others

K.N. Singh, J.—This petition is directed against three orders of the District Inspector of Schools dated 14-1-1972, 24-1-1972 and 4-2-1972 directing the Petitioners to resign from the office of Manager of the Committee of Management of a recognised institution.

The Petitioners are teachers of an institution recognised by the Board of High School and Intermediate Education under the provisions of the U.P. Intermediate Education Act. All the three Petitioners have been elected as Manager of other recognised and aided institutions. The District Inspector of Schools by means of the impugned orders directed them to resign from the office of the Manager of the institutions if they wanted to continue as teacher in a recognised institution. The Petitioners have challenged the validity of the orders of the District Inspector of Schools on the ground that they have aright to continue as Manager of the other institutions in which they are not working as teachers.

Section 16-G of the U.P. Inter mediate Education Act lays down that the conditions of service of a Head of the Institution, teacher and other employees shall be prescribed by regulations. Chapter III of the Regulations contains regulations framed u/s 16G of the Act prescribing conditions of service. Regulation 5 of Chapter III lays down that no member of teaching staff or the Principal or Head Master shall Act as an office bearer of the Committee of Management of any recognised institution. The regulation imposes a ban on a teacher to hold any office in the Committee of Management of any recognised institution. There is no exception to this role. The words "any recognised institution" include any institution in the State recognised by the U.P. Board of High School and Intermediate Education, Regulation 5 therefore does not permit the Petitioners continuance as Manager of any other recognised institution. In the circumstances the impugned orders of the District Inspector of Schools are quite valid and the Petitioners are not entitled to any relief.

Learned Counsel for the Petitioners urged that the impugned regulation is unreasonable. We do not find any merit in this contention. Regulation 5 imposes a reasonable condition which prohibits holding of office by a teacher in the Committee of Management of another recognised institution. The policy laid down under Regulation 5 is in public interest with the object to ensure that a teacher should work with devotion to his teaching job without any digression. Ids difficult to comprehend that a teacher while working as office bearer in another recognised institution will be able to devote his full time to his teaching work in fie institution where he may be regularly employed. We are therefore of m opinion that Regulation 5 lays down a salutary rule to which no exception can be taken.

In the result the petition fails and is accordingly dismissed with costs. The stay order is discharged.