Tuesday, October 27, 2020
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District administration has no jurisdiction over Basic Education Council, rules Allahabad High Court

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New Delhi (ILNS): The Allahabad High Court has ruled that district administrations do not have the right to interfere in the Basic Education Council law. The court has made it clear that this is an independent law. The court made it clear that the Council’s has the authority to make its own appointments and institute relevant regulations and that is not within the purview of the district administration.

The court said that a separate authority has been appointed under the Basic Education Act for the quality and conduct of education. The commissioner or district administration does not have the jurisdiction to interfere into the working of the Board of Basic Education. 

The government has been given limited powers, said the court. Therefore, the Commissioner does not have the right to order an inquiry into the matter of any irregularity in appointment.

Justice Pankaj Bhatia passed this order, while accepting the petition of Shri Durga Former Secondary Girl Jamin and many other schools’ managing committees, teachers and principals.

Senior Advocate RK Ojha, on behalf of the petitioner, stated that the commissioner formed a four-member committee to investigate irregularities in the appointment of teachers in Azamgarh District. The committee issued notice to the petitioners without looking at the records of the BSA office and recommended action by presenting an inquiry report. The commissioner sent it to the secretary for approval. On which the secretary acted, to which the challenge made in the Petition. 

The lawyer said that there is a separate law for education. Authorities are appointed to take action on irregularities. Administrative officials do not have the right to interfere in this matter.

The Court considered this to be right and cancelled the action of the Commissioner and Secretary, which went outside the jurisdiction.

The Court also rejected the plea of the state government that the commissioner acting as whistleblower ordered an inquiry. The court has termed the order to conduct a probe by a four-member committee of appointments made by the District Basic Education Officer of Commissioner Azamgarh as illegal and out of jurisdiction. 

The committee’s inquiry report of January 18 and the Basic Education Secretary’s order to stop the salary of teachers by registering an FIR against the officers and management committees, has been cancelled, as of February 17.

The Court also dismissed the show-cause notice and dismissal action issued to the teachers as illegal. It is said that the Secretary did not use his discretion in issuing orders.


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