The protection cannot be expanded into a better right than one which a non-minority institution enjoys : SC

Appeals have been preferred by the State of Uttar Pradesh laying a challenge to the judgment of the Division Bench of the Allahabad High Court dated 19.11.2018 holding that Regulation 101 framed under The Intermediate Education Act, 1921 as amended is unconstitutional. Few other appeals were disposed of by taking note of the aforesaid decision. Applications have also been filed to intervene/implead by such of those persons who are also appointed by these institutions as Class "IV" employees. The Intermediate Education Act, 1921 is of vintage origin having its existence prior to independence and surviving to date. Sub-Section 4 of Section 9 of the Act speaks of the powers of the State Government. The State Government may by such order modify or rescind or make any regulation in respect of any matter and shall forthwith inform the Board accordingly. Section 16G of the Act deals with conditions of service of the head of institutions, teachers and other employees. Sub-section (2) facilitates the introduction of regulation which could be extended to various activities such as probation, scale of pay, transfer of service, grant of leave etc.Regulation 101 was inserted vide Parishad 9/592 dated 28.08.1992 and was notified by way of Govt. Notification No. 400/15-7-2(1)-90 dated 30.07.1992 and substituted through the Notification No. 300/XV-7-2(1)/90 dated02.02.1995  in the following manner , Appointing Authority except with prior approval of Inspector shall not fill up any vacancy of non-teaching post of any recognized aided institution. Regulation 101 once again went through an amendment by way of Notification No.9/898 dated 31.12.2009, which reads as under: "The appointing authority shall not fill any vacancy of the non teaching staff of recognized aided institutions, except with the approval of Inspector, subject to a restriction that District Inspector of Schools shall make available total number of vacancies to Director of Education (Secondary Education".Regulation 101 was once again amended by Government Order dated 04.09.2013, which was accordingly notified on 24.04.2014. The effect of the said amendment is to make the post of Class "IV" employees which was supposed to be filled up by the institutions through "Outsourcing" abolished. An exception has been carved out only for the dependents of those employees died in harness during employment. Apex Court The Court of Appeal has set aside the judgment of the Division Bench on 19.11.2018 and the consequential orders passed while upholding the impugned Regulation. The appeals are allowed with the directions that the respondents/writ petitioners in Civil Appeal No 2753 of 2021 are directed to be confirmed as Class "IV" employees. 

September 27, 2021 

 THE STATE OF UTTAR PRADESH & ORS. VERSUS  PRINCIPAL ABHAY NANDAN INTER COLLEGE & ORS.