JUDGMENT :

Irshad Ali, J.

1. Heard learned counsel for the petitioner, learned standing counsel for respondent No.1, Sri Rajiv Singh Chauhan, learned counsel for respondent Nos.2 & 3 and Sri Rajendra Pratap Singh, learned counsel for respondent Nos.4 & 5.

2. By means of present writ petition, the petitioner is challenging the order dated 04.03.2013, whereby his claim for appointment on the post of Assistant Teacher (Scheduled Caste) as well as claim for payment of salary has been rejected.

3. Brief fact of the case is that there is an institution in the name of Janta Nimna Madhyamik Vidyalaya, Byoli, Islamabad, District Unnao, which is recognized under the provisions of U.P. Basic Education Act, 1972 and is receiving grant in aid from the State Government, thus, the provisions of U.P. Junior High School (Payment of Salaries of Teachers and other Employees) Act, 1978 as well as the provisions of The U.P. Recognised Basic Schools (Junior High Schools) (Recruitment And Conditions Of Service Of Teachers) Rules, 1978 are applicable to the said institution.

4. In the institution, there are six sanctioned posts of Assistant Teachers including the post of Head Master. Two teachers namely Ram Kh