Honble Sudhir Agarwal, J.—Both these writ petitions have been filed by the same petitioner Smt. Shail Kumari Singh and involve common questions of law and fact, hence, as requested and agreed by learned Counsel for the parties, have been heard together and are being decided by this common judgment.

2. Writ Petition No. 21119 of 2004 (hereinafter referred to as the first petition) has been filed assailing the order dated 21.2.2004, issued by District Basic Education Officer, Jaunpur (hereinafter referred to as "the B.S.A.") granting approval to the appointment of respondent No. 6, Sudhir Kumar Singh as Head Master of Sangram Balika Vidyalaya, Sarokhanpur, Badlapur, district Jaunpur (hereinafter referred to as "the institution") as also the appointment letter dated 23.2.2004, issued by Committee of Management of the institution to respondent No. 6 pursuant to approval granted by the B.S.A. She has also sought a writ of mandamus commanding the respondents not to interfere in her functioning as Headmistress of the institution till a regularly selected candidate recommended by the U.P. Secondary Education Services Selection Board (hereinafter referred to as "the Selection Board") joins the post. She has further sought a writ of mandamus commanding the respondents not to allow respondent No. 6 to work as Headmaster of the institution pursuant to approval order dated 21.2.2004 and appointment letter dated 23.2.2004.

3. Writ Petition No. 35532 of 2004 (hereinafter referred to as "the second writ petition") has been preferred by the petitioner challenging the order dated 2.7.2004 of B.S.A. whereby he has countersigned the signatures of respondent No. 6, Smt. Usha Singh as officiating Principal of the institution. The petitioner has also sought a mandamus commanding respondents not to interfere with the functioning of the petitioner as Headmistress of the institution.

4. Brief facts relevant to adjudication of the dispute giving rise to both these petitions are that the institution is a duly recognized Junior High School. Initial recognition was granted by the Regional Girls Inspectress of Schools, Varanasi vide order dated 4.1.1982, a copy whereof has been placed on record as Annexure-1 to the first writ petition. The institution is also recognized by the Board of Basic Education under the provisions of Basic Education Act, 1972 (hereinafter referred to as "1972 Act") and is also getting financial aid. Salary is being paid to the staff of the institution in accordance with the provisions of Junior High Schools (Payment of Salaries of Teachers and other Employees) Act, 1978 (hereinafter referred to as "1978 Act"). 1978 Act, made applicable to the institution in 1983. It appears that in 1992, the institution applied for recognition to run classes upto High School in certain subjects, namely, Literature with compulsory subjects, e.g., Hindi, English, Sanskrit, Home Science, Science-I, Social Science, Moral, Physical, Sociological and other productive works, and in the optional subject of Geography. The recognition was granted by the Board of High School and Intermediate Education, U.P., Allahabad (hereinafter referred to as the Board) vide letter dated 19.6.1992 issued by the Additional Secretary, Secondary Education Board, Regional Office, Varanasi, subject to certain conditions contained in the said letter. A copy of the said letter is on record as Annexure 2 of first writ petition, which shows that recognition was granted under Section 7A(a) of U.P. Intermediate Education Act, 1921 (hereinafter referred to as 1921 Act). Besides other, the said letter required the institution to obtain permission from the District Inspector of Schools/Regional Inspectress of Schools for running IX class within two years and to make all arrangements for imparting education as per standards and norms laid down by the State Government. Vide conditions No. 4, 5 and 6 which are relevant for the present case, it provided, as under :

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