[2011(7) ADJ 55]
ALLAHABAD HIGH COURT
BEFORE : ARUN TANDON, J.
MOHAMMAD ATEEQUE SIDDIQUI AND OTHERS .....Petitioners
Versus
STATE OF U.P. AND OTHERS .....Respondents
(Civil Misc. Writ Petition Nos. 25994 and 31653 of 2006 and 24613 of 2008, decided on 5th May, 2011)
Hon’ble Arun Tandon, J.—Heard Sri R.N. Singh, learned counsel for the petitioners, Sri Indra Raj Singh, learned counsel for the respondent-Committee of Management and learned Standing Counsel for the State-respondents in all these connected writ petitions.
2. Civil Misc. Writ Petition No. 25994 of 2006 has been filed for quashing the proceedings initiated by the Commissioner, Varanasi Region, Varanasi against the petitioners in pursuance to the alleged complaint dated 31st January, 2006.
3. Civil Misc. Writ Petition No. 31653 of 2006 has been filed for quashing the orders dated 18th may, 2006 and dated 26th May, 2006 passed by respondent Nos. 5 and 4.
4. Civil Misc. Writ Petition No. 24613 of 2008 has been filed for quashing the order dated 1st May, 2008 passed by the alleged Manager of the institution (Annexure-20 of the writ petition) whereby the petitioners have been informed that there services are being put to an end with the condition that the order would be subject to the decision of Civil Misc. Writ Petition No. 25994 of 2006 and Civil Misc. Writ Petition No. 31653 of 2006.
5. Facts in short, as are borne out from the records of the present writ petitions, are :
Mohammad Hasan Intermediate college, Jaunpur is an aided and recognized intermediate college. Provisions of U.P. Intermediate Education Act, 1921 are applicable to the teachers and employees of the said institution. The institution is a recognized minority institution and therefore, provisions of U.P. Secondary Education Services Selection Board Act, 1982 are not applicable to the teachers of the said institution. Two posts of Lecturer are stated to have become available in the institution, due retirement of Faridul Haq on 30th June, 1999 and Mohd. Khalid Siddiqui on 30th June, 2002 in the subjects of Biology and Chemistry respectively. Another vacancy in L.T. Grade is stated to have become available in December, 1995 due to death of one Mohd. Ayub. The Committee of Management forwarded a letter to the District Inspector of Schools to permit the advertisement of the vacancies and to proceed with the selection against the said vacancies. Permission is stated to have been granted by the District Inspector of Schools on 24th March, 2003. Accordingly, an advertisement was published in two Hindi newspapers, namely, Tarun Mitra dated 25th March, 2003 and Kashi Varta dated 26th March, 2003. Under the advertisement, 10th April, 2003 was fixed as the last date for submission of the application form and 13th April, 2003 was fixed for interview. After interview, petitioners, namely, Mohd. Ateeque Siddiqui is stated to have been selected for the post of Lecturer (Biology), Syed. Badruddozad was selected for the post of Lecturer (Chemistry) and Mohd. Khalid was selected for the post of L.T. Grade teacher. On the basis of the selections so held, appointment letters dated 14th April, 2003 were issued by the Manager, namely, Dr. Abu Mohd and the petitioners, Mohd. Ateeque Siddiqui, Syed Badruddozad and Mohd. Khalid are stated to have joined their respective posts on 15th April, 2003, 15th April, 2003 and 19th April, 2003 respectively. On 20th April, 2003, papers pertaining to the alleged selections of the petitioners were forwarded to the District Inspector of Schools for approval. On 30th May, 2003, the District Inspector of Schools transmitted the papers to the Regional Joint Director of Education.
6. At this stage of the proceedings, petitioners filed Civil Misc. Writ Petition No. 3136 of 2004 jointly, which was disposed of vide order dated 29th January, 2004 requiring the District Inspector of Schools to take final decision in the matter of approval. The Regional Joint Director of Education, however, by means of the order dated 25th February, 2004 proceeded to approve the appointments. On 15th April, 2004, the District Inspector of Schools also approved the appointment of the petitioners. On the basis whereof, the payment of salary to the petitioners started.
7. The Presi
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