Judgment

Dr AR. Lakshmanan, J.—Leave granted.

2. This civil appeal is directed against the final judgment and order dated 08.05.2003 passed by the High Court of Judicature at Allahabad, Lucknow Bench in C.M. Application No. 18906/2002 in Special Appeal No. 296 (S/B)/2001 whereby the High Court has dismissed the petition.

3. The appellant - India Literacy Board is imparting education to children upto Class VIII at Lucknow, which is now a separately registered society under the Societies Registration Act, 1860. The respondents were appointed as teachers on purely contractual basis subject to the terms and conditions which were made part of the written contract duly executed by the respondents respectively for fixed periods. An advertisement was got published by the Management of the appellant-Board for appointment of teachers. The respondents along with others were eligible to apply again for fresh contractual employment. The respondents instead of applying in response to the advertisement chose to approach the High Court by filing writ petition No. 2917 (S/S)/2001, praying for the following reliefs:

“(a) to issue a writ, order or direction in the nature of Certiorari quashing the advertisement as published in “Dainik Jagran” dated 6.6.2001, the true copy of which is contained as Annexure-22 to the writ petition, as it relates to the post of Assistant Teachers of Welthy-fisher Children’s Academy, India, India Literacy Board, Literacy House, Kanpur Road, Lucknow, held by the petitioners.

(b) to issue a writ, order or direction in the nature of Mandamus commanding the opposite parties not to hold any selection and appointment from outside against the post of Assistant Teachers against which the petitioners have been working since last many years pursuant to the impugned advertisement contained in Annexure-22 to the writ petition.

(c) to issue a writ, order or direction in the nature of Mandamus commanding the opposite parties to allow the petitioners to continue as Assistant Teachers of Welthy-fisher Children’s Academy, India, India Literacy Board, Literacy House, Kanpur Road, Lucknow and to pay to the petitioners their salary at par as admissible to an Assistant Teacher of a Basic School run and managed by the “U.P. Basic Shiksha Parishad” together with all allowances as also together with the arrears of salary.”

They alleged that the appellant-Society is an instrumentality of the State within the meaning of Article 12 of the Constitution of India.

4. On 21.06.2001, the High Court passed the following interim order:

“Learned counsel for the petitioners has pointed out that in pursuance of the advertisement dated 6.6.2001 which has been annexed as Annexure-21 to the writ petition, the respondents are going to make selection although the petitioners are working with the respondents since last 8-13 years. In view of this, it is hereby provided that this matter be listed before appropriate Bench on 3.7.2001.

In the meantime, any selection is finalized, that will not be implemented till 3.7.2001.”

5. The writ petition was again listed on 03.07.2001. The appellants raised a preliminary objection regarding the maintainability of the writ petition itself. The case was listed again on 19.07.2001. Counter and rejoinder affidavits were exchanged between the parties. The appellants filed an application for vacation of the ex-parte interim order dated 21.06.2001. It was submitted by counsel for the appellant that the respondents are in a purely contractual employment and have no right to continue in service and their grievance is also not amenable to writ jurisdiction. In support of their contention, certain rulings of the Allahabad High Court and other rulings were relied on.

6. Feeling aggrieved by the interim orders dated 21.06.2001 and 20.07.2001, which according to the appellant amounts to final decision, the appellant filed a special appeal before the Division Bench of the High Court. The Division Bench passed the following ­order:

“We are of