ORDER :

(J.J. Munir, J.)

1. This is an appeal by the State of U.P. and its officials in the Department of Basic Education, impugning the validity of the judgment and order dated 23.03.2022 passed by the learned Single Judge allowing Writ-A No.21411 of 2019.

2. The facts giving rise to this appeal are that there is a Junior High School, going by the name Karwal Devi Kanya Laghu Madhyamik Vidyalaya, Karwal, Majhgawan, Gorakhpur, which is a recognized and aided Junior High School, administered by a private Management. The aforesaid Junior High School shall hereinafter be called 'the Institution'. The services of teachers of the Institution are governed by the provisions of the Uttar Pradesh Recognised Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Teachers) Rules, 1978 (for short, 'the Rules of 1978'). Salaries to teachers and other employees of the Institution are borne on State grant and are paid in accordance with the provisions of the Uttar Pradesh Junior High Schools (Payment of Salaries of Teachers and other Employees) Act, 1978 (for short, 'the Act of 1978'). The parties are ad idem that the post of Headmistress of the Institution fell vacant and the Management of the Institution sought permission of the District Basic Education Officer, Gorakhpur (for short, ‘the BSA’) on 22.12.2018 to make recruitment on the post. The BSA granted the requisite permission on 05.01.2019, authorizing the Institution to advertise the post of Headmistress and complete the process of selection. An advertisement dated 08.01.2019 was, accordingly, published in two daily newspapers, to wit, 'Aaj' and 'Swatantra Bharat', advertising the post of Headmistress of the Institution. In the said advertisement, there was no mention of the minimum qualifications for the post rendering it bad on that account. The Management of the Institution sought permission of the BSA to cancel the said advertisement and issue a fresh one in its place, rectifying the error.

3. The BSA vide order dated 08.03.2019 permitted a fresh advertisement to be issued. Accordingly, the Institution advertised the post of Headmistress afresh on 09.03.2019, getting it published in the dailies, 'Aaj' and 'Swatantra Bharat'. The advertisement invited applications from eligible and qualified candidates for the post of Headmistress of the Institution until 25.03.2019 indicating that the applications were to be submitted by registered post. The date of interview was scheduled on 29.03.2019. The Manager of the Institution addressed a letter dated 18.03.2019 to the BSA, requesting for the provision of a nominee to participate in the Selection Committee convened to select the Headmistress.

4. In response to the letter dated 18.03.2019, the BSA sent a memo dated 26.03.2019 to the Institution saying that it was not possible to provide a nominee as the Model Code of Conduct was in operation on account of the then forthcoming elections to the Legislative Assembly. The Institution, accordingly, postponed the date of interview from 29.03.2019 to 29.05.2019. All the candidates, who had applied, were informed of the changed date. Later on, on 16.05.2019, a memo was addressed to the BSA requesting for the provision of a nominee as the Model Code of Conduct was then soon scheduled to be over. A reminder was sent on 25.05.2019 with a further request to re-schedule the interview to 10.06.2019. The BSA on occasion provided a nominee to sit on the Selection Committee and issued an order dated 01.06.2019, directing Arun Pratap Singh, Block Education Officer, Gagaha, Gorakhpur to act as the BSA's nominee in the Selection Committee convened to select the Headmistress of the Institution. The Institution constituted a Three Members Selection Committee, comprising the Manager of the Institution, the Vice President of the Committee of Management of the Institution and Arun Pratap Singh, the BSA's nominee.

5. The interviews were held on the re-scheduled date i.e. 10.06.2019. The Select