By the Court.—This special appeal arises out of the judgment of learned Single Judge dated 23.3.2007, whereby the writ petition of the petitioner has been dismissed. The learned Single Judge has decided a batch of petitions by a common judgment and the petitioners’ claim has been rejected.

2. The basic facts, which are relevant to decide the issue in question, are as follows;

3. Fazal-ur-Rahman Islamia Inter College, Bareilly (for short, the “Institution”) is a minority institution. It receives the aid out of the State fund. The affairs of the Institution are managed by a committee of management. The provisions of U.P. Intermediate Education Act, 1921 (for short, the “Act, 1921”) and the Regulations of the said Act regulate the affairs of the Institution.

4. Three vacancies of lecturers arose due to retirement of three permanent teachers namely Hooram Singh Yadav, Lecturer in Hindi; Ram Gopal Sharma, Lecturer in Civics; and Mohd. Naseem, Lecturer in Economics. The Committee of Management on 29th September, 2002 issued an advertisement in two newspapers namely ‘Amar Ujala’ and ‘Janmorcha’ inviting applications for selection of lecturers in Hindi, Economics and Civics. The last date for submission of the application form was 19.10.2002.

5. The petitioners made applications in pursuance of the said advertisement. They received call letters under registered cover on 12.7.2003. The selection committee met on 22.7.2003. It is stated that the selection committee was constituted in terms of the provisions of Act, 1921 and the present Principal Mohd. Shakeel Raza Khan was also one of the members of the selection committee. The petitioners faced the selection committee and were found suitable. The papers were sent to the office of District Inspector of Schools (for short, the “DIOS”) for his approval. The DIOS did not take any decision on the said papers. Accordingly, the committee of management assumed deemed approval of the appointment in terms of Regulation 17(g) of Chapter-II of the Regulations under the Act, 1921. Accordingly, the petitioners were issued appointment letters on 12th September, 2003. The petitioners were allowed to join their services on 16th September, 2013 by the Principal Mohd. Shakeel Raza Khan.

6. The committee of management sent the salary bill of the petitioners to the office of DIOS, but when no action was taken the petitioners preferred Writ Petition No. 42385 of 2005 for a direction upon the respondents to pay their salary w.e.f. their joining. In the said writ petition a counter-affidavit was filed. The stand taken in the counter-affidavit was that at the time of the selection, the committee of management headed by Haji Mukhtar Waseem was not validly constituted committee, as in August, 2003 Haji Mukhtar Waseem has got the recognition by concealment of the fact as the said order was stayed on 6.11.2000.

7. Aggrieved by the said order Haji Mukhtar Waseem has preferred Writ Petition No. 49683 of 2000, wherein an interim order was passed by this Court and on the strength of the interim order he continued. There are allegations of mismanagement against the said Manager. The Regional Director of Education vide order dated 26.11.2001 had appointed the Prabandh Sanchalak and DIOS by the order dated 4.10.2001 had imposed a ban for all selections.

8. The Manager of the Institution aggrieved by the said orders, had preferred a Writ Petition No. 6617 of 2000, which was disposed of with a direction to decide the appeal of the Manager. The appeal was rejected.

9. Feeling aggrieved by the said order the Manager preferred a writ petition, in which an interim order was passed by this Court. For the aforesaid reason the approval of the petitioners was not made. It is also stated that this Court in Writ Petition Nos. 15803 of 2004 and 16101 of 2004 had passed an order dated 21st April 2004 till the managerial disputes are pending in the Court, the DIOS shall continue to pay salary of all the teachers and the employe