Honble Ashok Bhushan,J. Honble Arun Tandon,J. Delivered By Hon. Arun Tandon, J. I am in respectful agreement with the conclusions arrived at by Honble Justice Ashok Bhushan. However, I will like to add my reasons in respect thereof. So far as recognition of institutions, subjects, courses and higher classes under the Intermediate Education Act is concerned, 4 sections have relevance. Section 2(a), which defines Board, Section 2(b), which defines institutions, Section 7(4), which confers the power upon the Board i. e. The Board of High School and Intermediate to recognize institutions for the purpose of its examination and Section 7-A, which provides for recognition of an institution in any new subject or for higher classes. It is worthwhile to reproduce Sections 2(a), 2(b), 7(4) and Section 7-A of the Intermediate Education Act, 1921 (hereinafter referred to as Act, 1921), which read as follows: “2(a) “Board” means the Board of High School and Intermediate Education. 2(b) “Institution” means a recognised Intermediate College, Higher Secondary School or High School and includes, where the context so requires, a part of an institution, and “Head of Institution” means the Principal or Head Master, as the case may be, of such institution. 7(4). To recognize institutions for the purposes of its examinations. 7-A. Recognition of an institution in any new subject or for a higher class.-Notwithstanding anything contained in Clause(4) of Section 7 (a) the Board may, with the prior approval of the State Government, recognise an institution in any new subject or group of subjects or for a higher class; (b) the Inspector may permit an Institution to open a new section in an existing class.” It may be noticed that if the definition of institution as per Section 2(b) is applied to Section 7-A of the Act 1921, it would be apparent that it is only in respect of recognized institution (covered by Intermediate Education Act) that recognition in new subject or group of subjects or for higher classes is contemplated. On simple reading of Section 7-A with Section-2(b) of Act, 1921 it is clear that recognition in new subject or group of subjects or for higher classes by the Madhyamik Shiksha Parishad is contemplated in respect of recognized institutions only and to that extent there is no difficulty. What follows is that it is only in respect of the institutions, which are recognized for Board Examination i. e. for High School and Intermediate Examination under Section 7(4), an order can be passed under Section 7-A of the Act, 1921 for granting recognition in new subject, group of subjects or for higher classes. It is in respect of such category of institutions covered by Section 7-A only that provisions of Section 7-AA and Section 7AB of the Act, 1921 apply. It is also worthwhile to mention at this stage that employment of part time teachers, as contemplated by Section 7-AA, is only an interim measure, as is clear from simple reading of Section 7-AA(1). Such interim measure as contemplated by statutory provision cannot be extended to become the rule of the day so that the employment of part time teachers is continued for decades together. However, nothing further is being added as the issue in that regard is not come for consideration in this bunch of petitions. Since a Junior High School is recognized under the U.P. Basic Education Act by the Basic Education Board, the recognition granted to such a Junior High School for the first time in respect of High School and Intermediate Board Examination i. e. for High School/Intermediate Examination is not referable to Section 7-A of the Act, 1921. A Junior High School is not covered by the definition of recognized institution as per Section 2(b) of the Intermediate Education Act and therefore no recognition under Section 7-A can be granted. The phrase a Junior High School is upgraded as a High School” on being recognized under Act, 1921 is loosely stated at very places. The Junior High School as a matter of fact get new recognition as an High School under a new statutory provisions i.e. Act, 1921. Consequently, to a Junior High School, on being recognized under Intermediate Education Act, 1921 for the first time, the provisions of Section 7-AA and 7-AB will not be attracted and in such institutions there can be no appointment of part time teachers. The other aspect which requires clarification is as to what should be the meaning attached to the word institution as used under Section 7(4). Should the word institution be given the same meaning as provided under Section 2(b) or should it be read to mean something different. The definition given under Section 2(b) cannot be applied to the word institution as used in Section 7(4), inasmuch as if the institution, as mentioned in Section 7(4) is read to mean an institution which is recognized under the Intermediate College, then the very Section 7(4) becomes redundant, inasmuch as an institution which is already recognized under the Act, 1921 will not require any further recognition under Section 7(4) of the Act, 1921. Therefore, the word institution, as used in Section 7(4), has to be read to mean a school other than a recognized institution covered by Section 2(b). It is in respect of such schools which are not already recognized under the Act, 1921 that the Board under Section 7(4) has been given the power to recognize it for the Board Examination. The legislature cannot be expected to provide for recognition of an already recognized institution under Section 7(4) of the Intermediate Education Act. It is for the aforesaid reason I am inclined to hold that the word institution, as used in Section 7(4), does not have the same meaning as provided for under Section 2(b) of the Act, 1921. Recognized Junior High Schools are one such category of institutions which are not covered by Section 2(b) of the Act, 1921 and therefore their recognition for the Board Examinations i. e. High School and Intermediate has to be done under Section 7(4) of the Act, 1921. I, therefore, hold that for a school (including a Junior High School recognized under the U. P. Basic Education Act) to be recognized for the first time for the Board Examinations under the Act, 1921 (i. e. High School and Intermediate Examination) an order is required to be made by the Board (Madhyamik Shiksha Parishad) under Section 7(4) of the Act, 1921 in respect of subjects or group of subjects, as the case may be and only then such school would answer the description of institution under Section 2(b) of the Act, 1921. It is in respect of institutions covered by Section 2(b) that the Board can exercise powers for granting recognition in new subject, new group of subjects and higher classes under Section 7-A of the Act, 1921. I further hold that in respect of institutions, which are recognized for the first time under Section 7(4) of the Act, 1921, the provisions of Sections 7-AA and 7-AB will not apply and there can be no part time appointment in the institutions recognized under Section 7(4). Dt/06.11.2012 Pkb/
Posted on: Wed, 06 Nov 2013 14:45:37 +0000
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