ORDER

This special leave petition arises from the judgment and order dated March 27, 1996 made by Allahabad High Court in Special Appeal No. 258 of 1996. The petitioners came to join as L.T. Grade teachers in S.S.V. Inter College, Ghaziabad. It is claimed that 16 substantive vacancies had arisen in the said college and the intimation thereof was claimed to have been issued to the U.P. Secondary Education Services Commission at Allahabad (for short, the "Commission"). But before recommendation came to be made by the Commission for appointment of the teachers, advertisement notifying the said 16 vacancies appears to have been issued in two newspapers on June 28 and July 3, 1991 and interviews are claimed to have been conducted by the Management of the said college on July 12, 1991 and the petitioners were allowed, as stated above, to join as teachers on July 15 and 16, 1991. When papers were sent on November 2, 1991 to District Inspector of Schools, Ghaziabad for according financial sanction to make payment of their salaries, he made certain queries regarding vacancies and the procedure adopted in making their appointments by proceedings dated December 19, 1991. Thereon the writ petition bearing No.20128 of 1992 was filed and is stated to have been allowed by the High Court. Thereon, since salaries were not paid, they filed another writ petition bearing No. 26646 of 1992. In the meanwhile, an appeal came to be filed against the order in the first writ petition. The Division Bench dismissed the appeal but on appeal arising out of the Special Leave Petition No.12338 of 1994, this Court on August 8, 1994 set aside the High Court s order and remitted the matter to ascertain whether appointments had been made properly and in accordance with law. The learned single Judge in an elaborate judgment dated February 27, 1996 held that the Management claimed to have selected the petitioners and made them to join duty without issuing any letters of appointment before expiry of two months period required under Section 16 and the appointments were not made in accordance with Section 18 of the U.P. Secondary Services Commission and Selection Board Act, 1982 (5 of 1982) (for short, the "Act") read with First Uttar Pradesh Secondary Education Services Commission and Selection Board Removal of Difficulties Order, 1981 (for short, the "First 1981 Order"). The learned single Judge held that the selection and appointment of the petitioners, therefore, were not in accordance with law. On appeal the Division Bench upheld the same. Thus this special leave petition.

2. Shri P.P. Rao, learned senior counsel, contended that the U.P. Secondary Education Services Commission and Selection Board Ordinance, 1981 (Ordinance No.8 of 1981) was enacted to constitute Selection Committees and Boards to make available teachers recruited by the Commission or the Board for appointment in Government aided private educational institutions. Prior to the Act, appointment to the posts of teachers and principals in those institutions used to be made by the Management of such institutions in the manner envisaged under the U.P. Intermediate Education Act, 1921. Since the Commission could not start functioning prior to November 1, 1983, the Government had issued First 1981 Order which came into force w.e.f. July 31, 1981 for making ad hoc appointments to substantive vacancies and Second Removal of Difficulties Order, 1981 which came into force w.e.f. September 11, 1981 to fill up short-term vacancies as per the procedure prescribed thereunder. After the Commission started functioning from November 1, 1983, the First 1981 Order outlived its purpose. The U.P. Secondary Education Services Commission and Selection Board Act, 1981 was further amended by the Act which came into force with retrospective effect from July 14, 1981. Section 16 of the Act provides procedure for recruitment of the teachers by the Commission and allotment of the selected teachers to the institutions/colleges