PRABODH VERMA AND OTHERS, ETC. versus STATE OF UTTAR PRADESH AND OTHERS, ETC.

Citation: [1985] 1 S.C.R. 216 · Decided: 27-07-1984 · Supreme Court of India · Bench: V.D. TULZAPURKAR · Disposal: Appeal(s) allowed
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Judgment (excerpt)

A 
216 
B 
c 
D 
PRABODH VERMA AND OTHERS, ETC. 
v. 
STATE OF UTTAR PRADESH AND OTHERS, ETC. 
July 27, 1984 
[V.D, TULZAPURKAR, V. BALAKRISHNA BRAD! AND 
D.P. MADON, JJ.] 
Constitution of India-Arts. 32 and 226-Writ of certiorari-Nature of 
-Writ of certiorari cannot he issued for declaring an Act or Ordinance as 
unconstitutional and void-Can only be issued to direct iliferior courts, tribu-
" 
na/.ii· or authorities to transmit to court the record of proceedings pending therein 
for scrutiny and, if necessary, for quashing the same. 
E 
Advocates Act, 1961-Professional conduct-Duty of an advocate 
10 
'· 
client and, to court- What it. 
Uttar Pradesh Hi'gh Schools and Intermediate Colleges (Reserve Pool 
Teachers) Ordinance, 1978 (U.P. Ordinance No. 10of1978) and Uttar Pradesh 
High Schools and Intermediate Colleges (Reserve Pool Teachers) (Serond) 
Ordinance, 1978 (U.P. Ordinance No. 22 of 1978)- Validity of-Whether 
violative of Arts. 14 and 16(1) of the Constitution-Held valid. 
Interpretation-Provisions of an Ordinance-Whether can be referred as 
"section" end "sub-s~ction". 
Procedure-.Write Petition under Art. 226 of the Constitution-Persons 
likely to be affected by the judgment-Necessary parties-Whether High Court 
G 
should dismiss writ petition for non·joinder of necessary parties. 
H 
Practice-Court not to dismiss writ petition on a mere technicality-But 
inust not condone every kind of laxity-Court n1ust insist on proper relief being 
asked/or. 
· 
Words and phrases-•Act' and 'Enactnient'-Meaning of. 
• 
PRABODH VERM~ V. U.P. SfATE 
217 
The educational institutions in the State of Uttar Pradesh are governed 
by the Intermediate Education Act, 1912 (U.P. Act No. Il of 1921). Section 
16-E of the Intermediate Education Act prescribed the procedure for selection 
of teachers and heads of institutions. Under sub-s. (1) of section 16-E, the 
teachers of an institution are to be appointed by the Con1mittee of Manage· 
rnent in the manner provided in the said Section. Jn 1977 there were about 
80,000 secondary teachers of recognised institutions and institutions managed 
by local bodies. Out ·or them about 60,000 teachers were members of a regis-
tered society na1nely, the Uttar Pradesh MadhYamik Shikshak Sangh (here-
inaft~r referred to as "the Sangh"). On August 9, 1977 the Sangh submitted 
a charter of demands to the State Government. As the Government did not 
accept the demands, in response to a call given by the Sangh for an indefinite 
strike about 90 per cent of the teachers in recognised ihstitutions went on an 
indefinite 
strike fron1 
December 2, 1977. 
As 
the 
service 
under 
a recognised educational 
institution was 
an essential service under 
the Uttar Pradesh Essential Services Maintenance Act, 1966 (U.P. Act 
No. XXX of 1966) the State Governmint on December 2~, 1977 made and 
published an order under s. 3 (1) of that Act pro~ibiting strikes in service 
under educational instituticns. Further, on December 31, 1977, the Governor 
of'Uttar Pradesh promulgated the Uttar Pradesh High Schools and Interme-
diate Colleges (Payment of Salaries of Teachers and Other Employees} 
(Amendment) Ordinance, 1977 · (U.P. Ordinance No. 25 of 1977. The said 
Ordinance amended s." 4 of the Uttar Pradesh High Schools and lntermediate 
Colleges (Payment of Salaries of Teachers and Other Employees) Act, 1971 
(U.P. Act No. 24 of 1971). The effect of the amendment was that the 
Director of Education, Uttar Pradesh, could, by general or special order, 
direct any teacher who went or remained on or otherwise took part in any 
strike which had been prohibited by an order under s. 3 of the U.P. Essential 
Services Maintenance Act to resume duty by the day or hour Specified in the 
order and upon the failure of the teacher to resume duty in response thereto 
his contract of employment with the n1anagement became void with effect 
from the day or hour specified in the direction contained in such order. It was 
also provided that the management or failing it the Inspector may notwith-
standing anything to the contrary contained in the Intermediate Education Act, 
1921 .• or the Regulations for the the time being in force with respect to the mode 
of selection, appointment' or approval of appointment, be competent to appoint 
on temporary bas:s any person possessing the requiste qualifications for dis-
charging;:the duties of the post of any such teacher. By a notifica tior: issued on 
the sa1ne date the Director of Educa
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