The appointments were found to be void ab initio due to the lack of essential qualifications and the flawed selection process.

JUDGMENT :

DINESH KUMAR SINGH, J.

On C.M. Application No.78457 of 2021

Herd.

This application seeks substitution of the legal heirs of Aditya Kumar, petitioner no.3 Application is allowed.

Necessary amendment to be carried out in the memo of parties during the course of the day.

On Memo of Writ Petition

1. The present writ petition has been filed seeking quashing of the order dated 3.12.2018 passed by the Director of Education (Basic), Government of Uttar Pradesh as well as the order dated 5.5.2012 passed by the Basic Shiksha Adhikari, Auraiya. Further prayer is for a Writ of Mandamus/direction to the opposite parties to accord approval to the appointment of petitioner nos.2 and 3 and pay their salary w.e.f. 24.12.2011 and 2812.2011 along with arrears of salary etc.

2. Petitioner no.1 is the committee of management of Sri Shanker Junior High School, Sirsani, Sahar, District Auraiya and petitioner nos.2 and 3 are claiming to have been appointed in the said Junior High School by the committee of management and are working in the said Junior High School on the post of Head Master and Assistant Teacher (Basic) from the date of their appointment.

3. The institution is recognized as Junior High School as per the provisions of the Uttar Pradesh Basic Education Act and it is governed under the provisions of the Uttar Pradesh Basic Education Act, 1972 and the Rules and Regulations framed thereunder. It is said that the said Junior High School was established in the year 1982-83 and recognition was granted on 11.4.1983 for imparting education up to Class-VIII. The State Government granted grant-in-aid to the said Junior High School in the year 1998 and thus, the provisions of Uttar Pradesh Junior High School (Payment of Salaries of Teachers and Other Employees) Act, 1978 (for short ‘Act, 1978’) were made applicable to the teaching and non-teaching staff of the said Junior High School. The recruitment and conditions of services of Teachers are governed under the provisions of U.P. Recognized Basic Schools (Junior High Schools) (Recruitment and Conditions of Services of Teachers) Rules, 1978 (for short ‘Rules, 1978’).

4. As per the averments made in the writ petition, the Government had sanctioned one post of Head Master, 8 Assistant Teachers, one clerk and 3 Class-IV posts in the said Junior High School. It is further said that on 30.6.2007, post of Head Master fell vacant in the High School due to retirement of Sri Jagdish Narain Agnihotri from the said post and, thereafter, two posts of Assistant Teachers fell vacant due to retirement of two teachers, namely, Vishnu Dutt Tripathi and Rajendra Prasad Agnihotri on 30.6.2007 and 30.6.2010 respectively. It is also said that management of the school had written various letters and reminders to the Basic Shiksha Adhikari to grant permission and send Observer for making appointment against the aforesaid vacant posts of Head Master and Assistant Teachers. When no action was taken by the Basic Shiksha Adhikari, petitioner no.1 filed Writ-A No.25139 of 2010 before this Court at Allahabad. This Court disposed of the said writ petition vide order dated 6.5.2010, which reads as follow:-

“Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.

Supplementary affidavit filed today is taken on record.

Petitioner before this Court claims to be Manager for Shree Shankar Junior High School, Sirsani, District Auraiya. He has made an application for grant by permission to initiate the process of selection on the post of Headmaster by making appropriate advertisement. It is stated that the post of Headmaster is lying vacant since July 2007. Similarly, there are other vacancies on the post of Assistant Teachers also.

Prayer so made is opposed by Shri S.K. Mishra, Advocate on the ground that the petitioner has been removed from the office of the Manager of the Institution and therefore he has no right to maintain the petition.

This Court is of the opinion that regular selection on th