The central legal point established in the judgment is that the statutory qualifications and regulations for minority educational institutions must be followed, and the freedom of minority institutions to make appointments without the need to disclose reasons for their selection is protected under Article 30(1) of the Constitution of India.

( 1 ) HEARD Sri K. Ajit learned counsel for petitioners, Sri Raj Kumar Jain, learned counsel for respondent No. 7, and Sri Yogesh Kumar appears for respondent No. 8. Learned Standing counsel appears for respondents 1 to 6.

( 2 ) BY Writ Petition No. 42639 of 2002, the petitioner Sri Karunesh Kumar Singh has prayed for a writ of mandamus directing the District Inspector of Schools, Mainpuri not to accord approval to the appointment of the proposed selected candidates on the post of Lecturer in physics in pursuance of advertisement dated 14. 8. 2001. In Writ Petition No. 19920 of 2003 Sri gaurav Kumar Singh Rathor, the candidate selected by selection committee has challenged the order dated 28. 3. 2003 passed by the District Inspector of Schools, Mainpuri, for giving financial approval for his appointment and a direction to pay him salary with effect from 22. 11. 2001 with arrears in accordance with law. In Writ Petition No. 35525 of 2004, the petitioner Karunesh kumar Singh has prayed for quashing the orders of the Joint Director dated 24. 2. 2004 by which he has communicated the resolution of the Regional Committee dated 23. 4. 2004 to grant financial approval to the appointment of Sri Gaurav Kumar Singh Rathor as Lecturer in Physics on the vacancy caused on the death of Sri Deputy Lal, Lecturer, Physics.

( 3 ) BRIEF facts giving rise to these three connected writ petitions are that the Christian Inter college, Mainpuri is a recognized and aided minority institution. Sri Deputy Lal Lecturer physics in the institution died on 10. 7. 2000, causing substantive vacancy on the post. The vacancy in a minority institution which is exempted under Section 30 of the U. P. Secondary education Services Selection Board Act, 1982 is required to be filled up in accordance with section 16ff of the U. P. Intermediate Education Act, 1921, and the Regulation in Chapter II of the Regulations made under the Act.

( 4 ) THE Committee of Management advertised the vacancy along with the vacancy of Lecturer in mathematics in L. T. Grade Teacher. The qualification for Lecturer in Physics in the advertisement were given as M. Sc. Physics, with Computer. A corrigendum was published in daily newspaper aaj on 14. 8. 2000 providing for the qualification for the post of Lecturer in physic (M. Sc. Physic) B. Ed. with one year diploma in computer. The petitioner Karunesh Kumar singh is M. Sc. B. Ed. and holds diploma certificate in computer application. He participated in the interview. The selection Committee selected Sri Gaurav Kumar Singh Rathor. The selection was not approved on the ground that the post of Lecturer was not filled up within ninety days of its falling vacant and has become dead after such lapse in view of Regulation 20 of Chapter II of the Intermediate Education Act, 1921. It was further found that the advertisement was not issued in two newspapers. The District Inspector of Schools, consequently refused to grant financial approval. This order dated 28. 3. 2003 was, challenged by Sri Gaurav Kumar Singh Rathor in writ petition No. 19920 of 2003 in which an interim order was passed on 8. 5. 2003 directing the petitioner to work as assistant Teacher. The question of payment of salary was to be considered at the time of hearing of the writ petition.

( 5 ) SRI Gaurav Kumar Singh Rathor with the help of Committee of Management of the College persuaded the District Inspector of Schools to submit a report in his favour and that vide letter dated 24. 7. 2004 the Regional Joint Director of Education communicated the financial approval to the appointment on 23. 4. 2004.

( 6 ) SRI K. Ajit, learned counsel for the petitioner submits that the corrigendum to the advertisement had clearly mentioned the qualification to be M. S. Physics, B. Ed with one year diploma in computer which is inconsonance with Entry 31 in Appendix a to the U. P. Intermediate Education Act, 1921 and provides M. Sc. Physics with computer as educational qualification f