JUDGMENT :

1. Supplementary counter affidavit filed on behalf of the respondent-Committee of Management in Court today is taken on record.

2. Heard Mr. Radha Kant Ojha, learned Senior Advocate assisted by Mr. Mansoor Ahmad, Mr. Maqsood Ahmad Beg and Mr. B.P. Singh Somwashi, learned counsel for the respondent-Committee of Management and the learned Standing Counsel for the State-respondents.

3. By means of the present writ petition, the petitioner has prayed for quashing the order dated 4th September, 2015 passed by the Joint Director of Education, Allahabad Division, Allahabad (now Prayagraj) i.e. respondent no.3 as well as for quashing the communication letter of the District Inspector of Schools, Fatehpur dated 7th January, 2016. Petitioner has also prayed that a direction be issued to the respondents to make payment of salary of the petitioner w.e.f. 12th August, 2015 to till date including the arrears and also pay the salary regularly as and when it becomes due.

4. By means of the letter-cum-order dated 4th September, 2015, respondent no.3 has informed the Manager of Inter College Dhauli, Fatehpur that the recommendation of the Committee of Management to accord financial approval to the appointment of the petitioner on the post of Principal of the said institution has been refused by the Regional Level Committee. In the said letter/order, it has been mentioned that on an opinion being obtained, it has been informed by the U.P. Secondary Education Services Selection Board, Allahabad vide his letter dated 11th August, 2015 that the teachers working in recognized unaided institutions are treated to be part-time teachers due to which their experience is not accepted to be valid. Therefore, it is not possible for the Regional Level Committee to accord financial approval to the appointment of the petitioner on the post of Principal of the institution, as she possesses teaching experience certificate from an unaided institution. The same information has been sent by the District Inspector of Schools, Fatehpur to the Manager of the Inter College, Pauli, District Fatehpur vide his letter dated 7th January, 2016, which is also under challenge in the present writ petition.

5. Relevant facts as borne out from the records of the present writ petition, are as follows:

Intermediate College, Pauli, District Fatehpur is an institution duly recognized by the Board of secondary Education of the State of Uttar Pradesh. As the said institution is in the grand-in-aid list of the State Government, the teachers and other employees of the said institution including the Principal are getting their salary from State exchequer under the provisions of U.P. High School and Intermediate Colleges (Payment of Salary to the Teachers and Other Employees) Act, 1971. As the vacancy of the post of Principal occurred in the institution, the Committee of Management of the said institution applied for permission to advertise the said post. However, the Committee of Management of the institution was informed that as the institution has been conferred the minority status, no prior permission for publication of the post of Principal of the institution is required. Therefore, an advertisement was accordingly made in two daily news papers, namely, one in Hindi, namely, Amar Ujala and second in English, namely, Northern Indian Patrika on 25th March, 2015, which were having adequate circulations. Pursuant to the said advertisement, various prospective candidates sent their applications forms through registered post. Petitioner, who possessed the degrees of High School (in the year 1994), Intermediate (in the year 1996), B.A. (in the year 1999), M.A. (in the year 2004 and B.Ed. (in the year 2011) examinations and also teaching experience of six years, six months and nine days w.e.f. 2nd July, 2008 to that date, from Ganesh Shanker Vidyarthee Balika Intermediate College, Sultanpur