Hon’ble Sabhajeet Yadav, J.—A short question arises for consideration before this Court is that as to whether U.P. Direct Recruitment to Group "D” Posts (inclusion of a Member Nominated by District Magistrate in Selection Committee) Rules, 2006 promulgated by Governor of State of U.P. under the proviso to Article 309 of the Constitution of India shall apply in selection of Group ‘D’ posts of Higher Secondary Schools and Intermediate Colleges recognized under U.P. Intermediate Education Act, 1921 run and managed by the private managements?

2. The brief facts leading to the case are that two posts of Class-IV employees were fell vacant in the institution, one post on account of retirement of Smt. Chando Devi on 30.6.2005 and another on account of retirement of Smt. Raj Kumari on 31.3.2006. On 29.3.2006 the Principal of the institution sought permission from the District Inspector of Schools, Allahabad for filling the aforesaid vacancies. In pursuance thereof, the District Inspector of Schools-II, Allahabad granted permission to the Principal of the institution to fill up the aforesaid two vacant posts of class IV employees in the institution vide order dated 4.5.2006, containe