Hon’ble Suneet Kumar, J.—Adarsh Inter College, Itaye, District Jaunpur, is a duly recognized intermediate institution under the grant-in-aid upto High-School. The provisions of Intermediate Education Act, 1921 (Intermediate Act) and U.P. High School and Intermediate College (Payment of Salaries of the Teachers and Other Employees) Act, 1971 (Act 1971), are applicable on the institution. On the retirement of Sri Arat Nath Singh, Assistant Teacher, L.T. Grade (Science) on 30 June 2011, and on the retirement of Srinath Singh, Assistant Teacher, L.T. Grade (Social Science) on 30 June 2014, substantive vacancy occurred. The management sent requisition for both the posts on 1 July 2011 and 17 June 2015 respectively to the office of the third respondent-District Inspector of Schools, Jaunpur (Inspector). The Selection Board did not recommend candidates, consequently, management advertised the vacancies of the aforesaid posts in daily news papers, Dainik Nispaksh Swatantra Rajvarta and Hindi Dainik Tejas on 25 June 2017. Pursuant thereof, petitioners applied. On the recommendation of Selection Committee, the Management passed resolution on 9 July 2017 issuing appointment letter to the petitioners on 10 July 2017. Petitioners, thereafter, joined their respective posts on 11 July 2017.

2. By the instant writ petition, petitioners seek the following reliefs:

(i) Issue a writ, order or direction in suitable nature to District Inspector of Schools, Jaunpur to take necessary decision to grant approval to the appointment of petitioners as Assistant Teacher in L.T. Grade in Adarsh Inter College, Itaye, District Jaunpur.

(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents to make regular payment of salary from the date of joining i.e. 11.7.2017 in favour of the petitioners. And further not to interfere in peaceful functioning of the petitioners as an Assistant Teacher (L.T. Grade) in the said institution.

3. Learned Senior Counsel would submit that appointment of the petitioners have been made in terms of Section 16-E(11) of the Intermediate Act, therefore, petitioners are entitled to salary.

4. Learned standing counsel would submit that there is no provision for adhoc appointment, therefore, appointment of the petitioners cannot be held to be valid under the Intermediate Act.

5. The writ petition, on consent, is being decided at the admission stage without calling for counter-affidavit as per Rules of the Court.

6. The facts, inter se, parties is not in dispute. The question for determination, in the given facts, is as to whether the Management has a right to make adhoc appoint of a teacher other than Headmaster or Principal, in terms of sub-section (11) of Section 16-E of Intermediate Act; and whether the appointed teacher is entitled to salary under Act 1971.

7. Under the Intermediate Act, as it was enacted, the power to make appointments of teachers of institutions was vested in the Committee of Management under sub-section (1) of Section 16-E. Sub-section (2) and the succeeding provisions of Section 16-E regulated the procedure for making of appointments by stipulating the intimation of vacancies to the Inspector, advertising of vacancies, the convening of a Selection Committee, the award of quality points by the Inspector and the preparation of the select list by the Selection Committee in order of preference. Sub-section (11) of Section 16-E specifically deals with appointments in the case of a temporary vacancy caused by the grant of leave to an incumbent not exceeding six months or in the case of death, termination or otherwise, of an incumbent occurring during an educational session. Under sub-section (11), it is stipulated that temporary vacancies of that nature would be filled up by direct recruitment or promotion without reference to the Selection Committee in such manner and subject to such conditions as may be prescribed. Under the proviso to sub-section (11), it has been stipulated