JUDGMENT :

(Om Prakash Shukla, J.)

Application for Condonation of Delay

(1) Heard Ms. Pushpila Bisht, Amicus Curiae, appearing on behalf of appellant, Shri V.P. Nag, learned Standing Counsel representing the State/respondents no. 1, 2, 3 and 5, Shri R.K. Singh Suryavanshi, learned Counsel representing respondent no.4/U.P. Secondary Education Service Selection Board, Shri Prashant Kumar Singh, learned Counsel representing the respondent no.6/Committee of Management, Smt. Meenakshi Parihar, learned Counsel representing the respondent no.7/writ petitioner,

(2) Having gone through the averments made in the affidavit filed in support of the application seeking condonation of delay and in absence of any objection by the respondents, this Court is satisfied that delay has sufficiently been explained.

(3) The application for condonation of delay filed in the above-captioned appeals is, accordingly, allowed and delay in filing the above-captioned special appeals is hereby condoned.

(Order on Appeals)

A. INTRODUCTION

(4) The legality and correctness of common judgment and order dated 19.07.2018 passed by the learned Single Judge in (i) Writ Petition No. 23409 (S/S) of 2016 : Ram Ujagar Mishra Vs. State of U.P. and others,(ii) Writ Petition No. 13 (S/S) of 2014 : Ram Ujagar Mishra Vs. State of U.P. and others, (iii) Writ Petition No. 7415 (S/S) of 2014 : Ram Ujagar Mishra Vs. State of U.P. and others, (iv) Writ Petition No. 4016 (S/S) of 2011 : Smt. Khushnuda Parveen Vs. State of U.P. and others and (v) Writ Petition No. 3969 (S/S) of 2013 : Smt. Khushnuda Parveen Vs. State of U.P. and others, are called in question by the appellant, Smt. Khushnuda Praveen, in the above-captioned intra Court appeals under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952.

B. FACTS

(5) Succinctly, the facts of the case are that Saadat Inter College, Nanpara, District Bahraich (hereinafter referred to as ‘Institution’), is being run under the aegis of a society registered under the provisions of Societies Registration Act, 1860. The said Institution is recognized under the provisions of U.P. Intermediate Education, 1921 and is also receiving grant-in-aid from the State Government. Therefore, the provisions of U.P. High School and Intermediate Colleges (Payment of Salary to the Teachers and other Employees) Act, 1971 and the provisions of U.P. Secondary Education Service Selection Board Act, 1982 and rules framed thereunder are also applicable to the said institution.

(6) The appellant, Smt. Kushnuda Parveen, was selected by U.P. Secondary Education Services Selection Board through direct recruitment and was appointed on the post of Lecturer (Urdu) on 07.06.1996 in the Institution. Her selection was made under reserved quota i.e. Scheduled Caste on the basis of Caste Certificate submitted by her.

(7) Sri Ram Ujagar Mishra (respondent no.7 herein) was initially appointed in the Institution on the post of Assistant Teacher (L.T. Grade) in the year 1981 on ad hoc basis, however, his services were regularized w.e.f. 06.04.1991 in the Institution vide order dated 02.08.1992.

(8) Shri Bismillah Khan, who was the Lecturer in Mathematics in the Institution, retired on 30.06.1991 on attaining the age of superannuation and as such, vide resolution dated 02.08.1992, the Committee of Management resolved to grant promotion to Shri Ram Ujagar Mishra (respondent no.7 herein) on the vacant post of Lecturer in Mathematics in the Institution on ad hoc basis under 50% promotion quota. The District Inspector of Schools (hereinafter referred to as ‘D.I.O.S.’), vide order dated 15.12.1992, had accorded approval to the aforesaid resolution of the Committee of Management to grant ad hoc promotion to Shri Ram Ujagar Mishra (respondent no.7 herein). Subsequently, vide letter dated 20.04.1998, the U.P. Secondary Education Service Selection Board (hereinafter referred to as ‘Board’)