Hon’ble Arun Tandon, J.—Heard Counsel for the parties.

2. Samaj Kalyan Parishad, Modi Nagar, Ghaziabad is a society duly registered under the Societies Registration Act. The said society has established four junior high schools in various places at district Ghaziabad in the name and style of Dayawati Modi Kanya Junior High School. All the aforesaid institutions are recognised under the provisions of the U.P. Basic Education Act, 1972 and are also covered within the provisions of U.P. Junior High School (Payment of Salary to Teachers and Other Employees) Act, 1978.

3. It is alleged that four vacancies on the post of Headmistress became available due to retirement of Smt. Pushpa Manchanda, Smt. Kamla Verma, Smt. Sashi Prabha Sarin and Smt. Beena Srivastava between 1998 to 2002 in the aforesaid four institutions. Accordingly, the Secretary/Manager of the society published advertisements in the newspapers dated 6.7.2003, dated 7.7.2003 and dated 10.7.2003 whereby applications were invited for appointment against the aforesaid vacancies. The petitioners applied in pursuance thereof. They were invited to participate in the process of selection. Interview for the purpose took place on 3.8.2003. The Selection Committee comprised of Assistant Basic Shiksha Adhikari, Ghaziabad as one of the nominee of the Basic Shiksha Adhikari, Ghaziabad. The Selection Committee found the petitioners to be the most suitable and accordingly papers were forwarded to the Basic Shiksha Adhikari for grant of approval to the selections on 8.8.2003. The Basic Shiksha Adhikari under his order dated 11.8.2003 accorded approval to the appointment of the petitioners. The petitioners took charge of their respective posts with reference to the appointment letters dated 12.8.2003 and dated 29.8.2003. Petitioners claim to have discharged their duties to the satisfaction of the authorities concerned since then.

4. On a complaint being made by one Sri Satyapal Singh, the Basic Shiksha Adhikari, vide order dated 6.9.2003 directed withholding of the salary of the petitioners and ultimately vide order dated 8.10.2003 refused payment of salary to the petitioners. These two orders of the Basic Shiksha Adhikari are under challenge in the Writ Petition No. 47623 of 2003 a further prayer that a writ of mandamus be issued commanding the respondents to ensure payment of salary to the petitioner without any default regularly.

5. An impleadment application has been filed on behalf of one Sri Chandra Pal Singh, who claims to be a social worker and is interested in bring on record the complete fats qua appointment of Headmistresses in the institutions.

6. Arya Pratinidhi Sabha has filed its affidavit through Sri Pradeep Pandey and has supported the case of the petitioners.

7. A counter-affidavit has been filed by the Chief Standing Counsel on behalf of the Assistant Basic Shiksha Adhikari, wherein it has been stated that in view of the directions issued by the Director of Education (Basic) U.P. Allahabad the payment of salary to the petitioners has been stoped, otherwise the petitioners are entitled to their salary in accordance with law.

8. On behalf of Sri Chandra Pal Singh it has been stated that vacancies against which the petitioners have been appointed are itself under dispute before this Hon’ble Court and that their appointments have been made in violation to the statutory rules.

9. Under order of the Court dated 30.11.2006 the first writ petition was directed to be listed alongwith records of Writ Petition No. 8632 of 2004 and Writ Petition No. 18724 of 2004.

10. Writ Petition No. 18724 of 2004 has been filed by Arya Pratibha Chaudhary, Smt. Renu Dhawan and Smt. Saroj Malhotra (petitioner Nos. 1, 2 and 3 respectively). By means of the said writ petition the petitioners have prayed for quashing of the order dated 20.3.2004 passed by the Regional Assistant Director of Education (Basic) and dated 23.4.2004 passed by the Basic Shiksha Adhikari as well as the order dated 2.5.2004