Hon’ble Sudhir Agarwal, J.—Both these matters involve common questions of law and facts and, therefore, as agreed by learned counsel for the parties have been heard together and are being decided by this common judgment.

2. These intra-Court appeals under the Rules of the Court have been preferred by the Committee of Management, Mahila Udyog Mandir Junior High School, Uncha Mandi, Allahabad (hereinafter referred to as the “School”) through its Manager, Sri Akhilesh Kumar Mishra assailing the judgment dated 10.11.2005 of the Hon’ble Single Judge whereby it has disposed of the Writ Petition No. 51322 of 2000 filed by respondents No. 6 to 8 in Special Appeal No. 1461 of 2005 (hereinafter referred to as the “leading appeal”) and Writ Petition No. 51985 of 2000 filed by respondent No. 6 in Special Appeal No. 12 of 2007.

3. The facts in brief giving rise to the present dispute are that the School is a recognised junior high school by the Board of Basic Education (in short “the Board”) under the U.P. Basic Education Act, 1972 (hereinafter referred to as “1972 Act”) and is also getting grant in aid from the State, hence, the liability of payment of salary is with the State Government under the provisions of U.P. Junior High Schools (Payment of Salaries of Teachers and other Employees) Act, 1978 (hereinafter referred to as the “Payment of Salaries Act, 1978”). The recruitment and conditions of service of teachers in the School are governed by the U.P. Recognised Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Teachers) Rules, 1978 (hereinafter referred to as the “Recruitment Rules, 1978”). Sri Akhilesh Kumar Mishra has claimed that he is continuously holding the office of Manager of the Committee of Management of the School since 6.9.1992. However, one Sri Surendra Kumar Dhawan claiming himself to be the Manager of the Committee of Management published an advertisement on 22.4.1999 inviting applications for appointment of three Assistant Teachers in senior basic classes and one Assistant Teacher in junior basic classes. Sri Akhilesh Kumar Mishra on getting information about the aforesaid advertisement got another news published in daily newspaper “Amar Ujala” dated 24.4.1999 that the aforesaid advertisement of 22.4.1999 is illegal and without basis since there is a dispute of management in the School and, therefore, the applicants should be cautious and not get trapped. He also said to have informed the Additional Director of Education (Basic) U.P. Allahabad pursuant whereto on 1.5.1999 the Additional Director of Education (Basic) said to have issued a letter addressed to Regional Assistant Director of Education (Basic), Allahabad requiring it not to make any appointment in the School due to the management dispute. Similar information was also communicated to the Board pursuant whereto Secretary of the Board said to have issued a letter on 4.5.1999 informing the District Basic Education Officer, Allahabad (hereinafter referred to as the “DBEO”) to ensure that no appointment is made in the School till the management dispute of the institution is resolved. To the same effect another letter was issued by the Director of Education (Basic) U.P., Allahabad on 24.5.1999 which was also addressed to DBEO. It is also said that the DBEO vide his letter dated 16.6.1999 informed the Additional Director of Education (Basic), Allahabad that no action has been taken from his office giving permission to the School for making appointment and moreover the appointment has been stayed by his office also.

4. It also appears that Sri Akhilesh Kumar Mishra filed Writ Petition No. 20786 of 1997 and Sri Surendra Kumar Dhawan filed Writ Petition No. 36395 of 1997 in respect to the management dispute. The writ petition of Sri Surendra Kumar Dhawan was disposed of by the Hon’ble Single Judge vide judgment dated 15.3.2000 directing the parties to appear before the Regional Director of Education who was required to pass a reasoned