C.W.P. No.7311 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.7311 of 2008 DATE OF DECISION: AUGUST 24, 2009 Managing Committee of Vidya Niketan Senior Secondary School,Faridabad .....PETITIONER Versus State of Haryana and others ....RESPONDENTS CORAM: HON'BLE MR.JUSTICE SATISH KUMAR MITTAL --- Present: Mr.Mohnish Sharma, Advocate, for the petitioner. Mr.Sunil Nehra, A.A.G.,Haryana, for respondent Nos.1 to 3. Mr.Arihant Jain, Advocate, for respondent No.4. .. SATISH KUMAR MITTAL, J. (Oral) The management has filed this writ petition challenging the order dated 31.8.2006 (Annexure P7) passed by the District Education Officer, Faridabad (respondent No.3 herein) whereby the order of termination of services of respondent No.4, was set aside on the ground that before terminating the services of respondent No.4, prior approval as required under Regulation 51 (4) of the Haryana School Education Rules, 2003, was not obtained. The petitioner has also inter-alia challenged the order dated 12.9.2007 (Annexure P9) whereby the appeal filed by the management was dismissed by the Commissioner & Director General School Education, Haryana, Chandigarh. Against the said order, the petitioner also filed a review application, which was dismissed vide order dated 19.3.2008 (Annexure P11). C.W.P. No.7311 of 2008 -2- In nutshell, learned counsel for the petitioner argued that even if the order of termination of services of respondent No.4 was set aside on the ground of seeking no approval from the competent authority before termination, even then in that situation the petitioner-management should be permitted to proceed with the case from that stage and to secure the prior sanction or approval from the competent authority. Learned counsel states that the similar petitions filed by the petitioner management were dismissed by a Division Bench of this Court, where the following order was passed:- “Under the circumstances, we dismiss all the writ petitions, however, making it open to the Management to approach the competent authorities constituted under the Haryana School Education Rules and its parent Act, namely, Haryana School Education Act, 1995 (Act 12 of 1999) to secure the prior sanction and it shall be open to the competent authority to consider the matter afresh in the facts and circumstances of the cases and take appropriate decision.” Learned counsel for the petitioner states that this petition be also dismissed with the same liberty. Learned counsel for the respondents has no objection. Consequently, the writ petition is dismissed, however, making it open to the Management to approach the competent authorities constituted under the Haryana School Education Rules and its parent Act, namely, Haryana School Education Act, 1995 (Act 12 of 1999) to secure the prior sanction and it shall be open to the competent authority to consider the matter afresh in the facts and circumstances of the cases and take appropriate decision. August 24, 2009 (SATISH KUMAR MITTAL) vkg JUDGE