NDLI: The State of Uttar Pradesh & Ors. Vs. Principal Abhay Nandan Inter College & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	The Intermediate Education Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 Referred Case 13
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	The Intermediate Education Act, 1921 – ss.9, 16G – Regulations framed under Act – Regulation 101 – Amendment – Permanent posts abolished – Recruitment by way of Outsourcing – Permissibility of – Government passed Orders, applicable to govt. departments and aided schools, followed by amended Regulation 101 – Accordingly, posts of Class IV employees were to be filled up by the institutions through Outsourcing, permanent posts were abolished – Recruitments made by the institutions de hors the same – Writ petitions – High Court held Regulation 101 to be unconstitutional – On appeal, held: By the policy decision made, the appellants abolished the post though in an indirect way by providing for outsourcing – A court cannot create or sustain the said post – Nothing on record to hold that the decision made is extraneous as it is applicable not only to the aided institutions but also to all government departments – Entire litigation is triggered only by the institutions – Idea was to create a new set of employees introduced through Outsourcing – Impugned Regulation is only reiteration, as the Government Orders by way of policy take care of the aforesaid view – Further, an institution receiving aid is bound by the conditions imposed and therefore expected to comply – Appellants justified in passing the relevant Government Orders followed by the impugned Regulation – Impugned Regulation upheld – Judgment of the Division Bench and the consequential orders passed are set aside – Service Law – Constitution of India – Articles 14, 30, 226 – Equity – Uttar Pradesh High Schools and Intermediate Colleges (Payment of Salaries of Teachers and Other Employees) Act, 1971.The Intermediate Education Act, 1921 – Object of – Discussed. Constitution of India – Article 30 – Held: Article 30 is subject to its own restrictions being reasonable – A protection cannot be expanded into a better right than one which a non-minority institution enjoys. Educational Institutions – Right of Institutions qua the aid – Held: Right to get an aid is not a fundamental right, the challenge to a decision made in implementing it, shall only be on restricted grounds – Further, when it comes to aided institutions, there cannot be any difference between a minority and non-minority one. Administrative Law – Subordinate legislation – Policy decision – When cannot be challenged – Discussed. Service Law – Recruitment by way of outsourcing – Held: Outsourcing per se is not prohibited in law– A recruitment by way of outsourcing may have its own deficiencies and pit falls, however, a decision to take “outsourcing” cannot be declared as ultra vires of the constitution on the basis of mere presumption and assumption. Constitution of India – Article 14 – Nature of – Discussed. Interpretation of Statutes – Old enactment – Constructive & purposive interpretation – Principle of interpretation – “Always speaking” principle – Discussed – The Intermediate Education Act, 1921.
Judge	Hon'ble Mr. Justice M.M. Sundresh
Neutral Citation	2021 INSC 551
Petitioner	The State Of Uttar Pradesh & Ors.
Respondent	Principal Abhay Nandan Inter College & Ors.
SCR	[2021] 10 S.C.R. 693
Judgement Date	2021-09-27
Case Number	865

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
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