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 t