JUDGMENT :

Ashwani Kumar Mishra, J.

1. This bunch of writ petitions involves common questions of law and have been heard together. With the consent of learned counsel for the parties they are being disposed of by this common judgment at the admission stage itself. Writ Petition No. 5418 of 2019, in which the Government Order dated 15.01.2019 is challenged, is taken as the lead case.

2. I have heard Sri Prabhakar Awasthi, learned counsel for the petitioner in the leading case and Sri Neeraj Tripathi, learned Additional Advocate General assisted by Sri Vineet Pandey, learned Chief Standing Counsel for the State and its authorities.

3. The question that arises for consideration in this bunch of cases is whether the posts of Clerk and Class IV employee, already created in privately managed recognized junior high schools (hereinafter referred to as ‘schools’), are no longer required and, therefore, are liable to be abolished by declaring such posts as dead-cadre? Consequential refusal by the State authorities to fill up such posts is also assailed.

4. The petitioner in the leading writ petition is the Committee of Management of Manorama Kanya Junior High School, Linepar, Moradabad. It has established a junior high school which is duly recognized by the District Basic Education Officer, Moradabad. The institution is receiving aid from State for payment of salary to its teaching and non-teaching staff in accordance with provisions of Uttar Pradesh Junior High Schools (Payment of Salaries of Teachers and other Employees) Act, 1978 (hereinafter referred to as ‘Act of 1978’). The recruitment of teachers in the institutions is regulated by the Uttar Pradesh Recognized Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Teachers) Rules, 1978 (hereinafter referred to as ‘Rules of 1978’). Recruitment of Clerical and Class IV Staff in the Junior High School is regulated by the Uttar Pradesh Recognized Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Ministerial Staff and Group ‘D’ Employees) Rules, 1984 (hereinafter referred to as ‘Rules of 1984’).

5. In the leading petition there existed a sanctioned post of Clerk which was occupied by one Suresh Gupta. He retired on 31.12.2016. As per the requirement in law the petitioner institution intimated vacancy to the District Basic Education Officer, Moradabad for proceeding with recruitment. The request in that regard was not considered and the petitioner had to approach this Court by filing Writ Petition No. 11182 of 2018. A direction was issued to the District Basic Education Officer concerned to consider grant of permission to fill up the post. The permission, however, came to be declined by the District Basic Education Officer vide his order dated 18.03.2019, on the ground that new appointments on Clerical and Class-IV posts in junior high schools are no longer possible in view of the Government Order dated 15.01.2019.

6. The Government Order dated 15.01.2019 has determined the strength of teaching and non-teaching staff in schools supposedly in consonance with the provisions contained in the Right of Children to Free and Compulsory Education (RTE) Act, 2009 (hereinafter referred to as ‘Act of 2009’). It records that post of teaching and non-teaching staff in non-governmental primary and junior high schools (Hindi and English medium) were sanctioned earlier vide Government Orders dated 02nd July, 1990 and 08th May, 2013 but necessity has now arisen for a fresh determination of strength of teaching and non-teaching staff on account of promulgation of the Act of 2009.

7. Following posts were created in schools vide Government Order dated 02nd July, 1990:

(a) Headmaster- one post;

(b) Assistant Teacher- four posts (including one post of teacher in Science and one in Language);

(c) Clerk- one post;

(d) Class-IV - one post.

8. With reference to Sections 19 and 25 of the Act of 2009, as also the Schedule appended thereto, it is recorded in the Government Ord