Hon’ble Sudhir Agarwal, J.—Heard Sri H.G.S. Parihar, learned Senior Advocate, assisted by Sri Shashank Parihar, Advocate, for petitioner, learned Standing Counsel for respondents and perused the record.

2. In both writ petitions the facts as also legal controversy are common in nature and, therefore, both are dealt with together and decided by a common judgment.

3. Writ Petition No. 5427 of 2000 (hereinafter referred to as “first writ petition”) has been preferred by Sri Amit Yadav who has sought a writ of certiorari for quashing order dated 8.9.2000 passed by District Inspector of Schools, Raibareli, declining approval to petitioner’s appointment as Assistant Teacher in L.T. Grade in Bhagirathi Intermediate College, Murai Bagh, Raibareli (hereinafter referred to as “College”). Petitioner has also sought a writ of mandamus, commanding the respondents to pay his salary w.e.f. 1.8.2000.

4. In Writ Petition No. 6005 of 2001 (hereinafter referred to as “second writ petition”), petitioner Vijay Kumar Mishra has sought a writ of mandamus, commanding the respondents to pay him regular salary on the post of Assistant Teacher in L.T. Grade w.e.f. 10.11.2000 i.e. date, on which, Committee of Management appointed him on the aforesaid post.

5. Before considering legality or validity of appointment, it would be appropriate to place on record brief facts of the two cases.

6. Coming to the first petition, the College is Secondary Educational Institution, imparting education up to Intermediate classes and recognized by Board of High School and Intermediate, U.P. Allahabad and is governed by Intermediate Education Act, 1921 (hereinafter referred to as “the Act 1921”). The institution is also under grant-in-aid. Payment of Salary to the Teachers and non-teaching staff of the college is governed by the provisions of U.P. High School and Intermediate Colleges (Payment of Salaries to the Teachers and other Employees) Act, 1971 (hereinafter referred to as “the Act 1971”). Further, recruitment to the post of teachers in the college is also governed by the provisions of U.P. Secondary Education Service Selection Board Act, 1982 (hereinafter referred to as the Act, 1982).

7. A post of Assistant Teacher, L.T. Grade was created in College by Director Secondary Education, U.P. Allahabad by order dated 13.2.1992 (Annexure 1 to the writ petition). The Management of the College took steps for recruitment of a Teacher on the aforesaid post and sent requisition to District Inspector of Schools (hereinafter referred to as “DIOS”) vide letter dated 18.10.992, which was received in the office of DIOS on the same day. It is said that no candidate was recommended by the Board for almost 8 years, whereafter, Management itself proceeded to make appointment by publishing an advertisement in daily newspaper ‘Anand Times’ dated 8.7.2000. Pursuant thereto, petitioner and a few others applied. Selection Committee selected petitioner and made recommendation, which was accepted by Committee of Management vide resolution dated 24.7.2000 and pursuant whereto, petitioner was issued a letter of appointment on 25.7.2000 (Annexure 7 to the writ petition). Petitioner joined on 1.8.2000. Documents were sent to DIOS for his approval vide management letter dated 16.8.2000, but DIOS vide impugned order dated 8.9.2000, has disapproved petitioner’s appointment and declined payment of salary to him from State Exchequer.

8. Second writ petition relates to Jagdish Narain Intermediate College, Dhingwas, Pratapgarh (hereinafter referred to as “second College”). This college is also Intermediate College and governed by Acts, 1971 and 1982. Sri Gokul Prasad Verma, Lecturer in Geography, after attaining the age of superannuation and completion of session, retired on 30.6.2000, causing a substantive vacancy on 1.12.2000. One Anil Kumar Tewari, Assistant Teacher, who was qualified, promoted as Lecturer (Geography), by the Management, under intimation to District Inspector of Schools, Pra