JUDGMENT :

IRSHAD ALI, J.

1. Heard Sri H.G.S. Parihar, learned Senior Advocate assisted by Sri S.P. Singh, learned counsel for the petitioners and to the learned Standing counsel on behalf of the respondent Nos.1 and 2 and to Sri P.K. Singh Bisen, learned Advocate on behalf of the respondent No.3.

2. The nature of controversy involved in Writ Petition Nos.5118 (SS) of 2016, 9201 (SS) of 2016 and 29282 (SS) of 2016 pertains to selection and appointment on the post of Assistant Teachers. Therefore, the writ petitions are being decided by means of a common judgment treating Writ Petition No.5118 (SS) 2016 to be leading writ petition.

3. Factual matrix of the case is that Vijay Junior High School, Kali Muradapur, District Pratapgarh is run and managed by a Society registered under the Societies Registration Act, 1860. The institution is granted recognition under the provisions of U.P. Basic Education Act, 1972. The institution is receiving aid from the State Government, therefore, the provisions of The U.P. Junior High School (Payment of Salaries of Teachers and other Employees) Act, 1978 inasmuch as provisions of U.P. Recognised Basic Schools (Junior High Schools) (Recruitment And Conditions Of Service Of Ministerial Staff And Group 'D' Employees) Rules, 1984 and U.P. Recognized Basic Schools (Junior High Schools) (Recruitment and Conditions of Services of Teachers) Rules, 1978 are applicable to the aforesaid institution.

4. One Sri Mayank Bahadur Singh, Headmaster of the institution was going to retire on 30.6.2014. Sri Amrit Lal Vishwakarma, Sri Sankata Prasad Singh and Sri Jagdish Narain Mishra, Assistant Teachers were also going to retire on 30.6.2014. The Committee of Management realizing the pressure to impart education to the students, requested the District Basic Education Officer vide letter dated 31.5.2014 to grant permission to initiate selection proceeding as required under Rule 7 of the 1978 Rules. When no order was passed, a reminder letter was sent on 9.1.2015.

5. The District Basic Education Officer vide letter dated 15.4.2015, directed to the Manager of the Committee of Management to submit details of vacancies and post sanctioned in the institution. This letter was issued in pursuance to a directive issued by the Director, Basic Education U.P. at Allahabad. The Manager of the institution in response thereto, submitted details vide letter dated 22.4.2015 to the District Basic Education Officer. The Block Education Officer also sent a letter on the basis of inspection made in the institution on 29.4.2015.

6. During the pendency of grant of prior permission to initiate selection proceeding, another Teacher retired on attaining the age of superannuation on 30.6.2015. Another reminder letter was sent to the District Basic Education Officer on 2.6.2015 pointing out that there is no Headmaster nor Assistant Teachers in the institution to impart education to the students.

7. In spite of repeated letters and reminders, when no order was passed by the District Basic Education Officer, then the Committee of Management resolved to initiate selection proceeding by issuing an advertisement in newspapers.

8. On 06.06.2015, vacancies of 1 Headmaster, 3 Assistant Teachers and 1 Clerk were duly advertised in the daily newspapers Nyay Prahari (local level newspaper) and Lokmitra, having wide circulation in the State inviting applications from the eligible and qualified candidates.

9. In response to the advertisement issued on 06.06.2015, the petitioners applied for. As per the provisions contained under Rule 9, a selection committee is required to be constituted wherein nominee of the District Basic Education Officer is also one of the Member. Accordingly, vide letter dated 08.06.2015, the Manager of the institution requested to the District Basic Education Officer to send his nominee on the date of interview to complete the Quorum of the selection committee as required under Rule 9 of the 1978 Rules.

10. 21.06.2015 was the date fixed for ma