( 1 ) THE short question that arises for consideration is whether the mandatory provision of regulation 101 of Chapter III of the Regulations framed under the U. P. Intermediate Education act, 1921 (in brief Regulations) applies to a minority institution?

( 2 ) AIYSHA Rasheed Girls Higher Secondary School, Deoria is an aided and recognised institution (in brief institution ). It has also been recognised as a minority institution. Two Class-IV employees working in the institution retired. Abdul Ghani retired on 31. 7. 2000 and Smt. Sayra retired on 31. 8. 2000. Before the retirement of these Class-IV employees, the officiating principal on 15. 7. 2000 and 7. 8. 2000 informed the District Inspector of Schools. Deoria (in brief D. I. O. S.)that permission be granted to fill the posts after retirement of these employees. No order was passed by the D. I. O. S. . The principal advertised both the vacancies on 7. 8. 2000 in the newspaper nirmal Swar. The petitioners were selected on 2. 9,2000. The principal issued appointment letters to them on 4. 9. 2000. They joined on 5. 9. 2000. The principal forwarded the papers on 5. 9. 2000 to the D. I. O. S. for grant of financial a