( 1 ) THIS appeal is directed against an order dated 4th March, 1977 dismissing the writ petition No. 7173 of 1997 moved by the petitioners appellants.

( 2 ) KASHI Balika Shiksha Niketan Uchattar Madhyamik Vidyalaya, Shivpurwa, Varanasi, a recognised Junior High School was recognised as High School on 28/29th April, 1988. The regional Inspectress of Girls School (hereinafter referred to as rigs), Varanasi permitted introduction of Class-IX by an order dated 17th May, 1988. By an order passed on 13th november, 1991 the Institution was brought on the list of Institutions receiving grant-in-aid from the State Government and within the purview of the U. P. High School and Intermediate Colleges (Payment of Salary to Teachers and other Employees) Act, 1971 (hereinafter referred to as the payment of Salary Act), with effect from 1st April, 1991. The Management had forwarded a requisition to the RIGS for the post of Head Mistress and 5 Assistant Teachers on 5th April, 1990 (Annexure-1 to the writ petition) for onward transmission to the U. P. Secondary Education service Commission (hereinafter referred to as the Commission ). On account of continuance of the vacancies, the M