JUDGMENT :

Om Prakash Shukla, J.

A. Introduction

(1) This writ petition under Article 226 of the Constitution of India has been filed by the petitioners with the following main reliefs :-

i. Issue a writ, order or direction in the nature of certiorari quashing the impugned letter dated 14-03-2022 passed by the opposite party no.2 to the extent of cancelling the appointment of two post of Clerk after summoning the original from the opposite parties.

ii. Issue a writ, order or direction in the nature of certiorari, quashing the impugned order/letter dated 30-03-2022 to the extent of cancelling the appointment on the post of Class-III post which is contained in as Annexure no.1 to the writ petition.

iii. Issue a writ, order or direction in nature of mandamus, commanding the opposite parties to approved the two appointment of Clerk made by the petitioner’s Institution on the basis of submitting the papers regarding the appointment of Class-III post by letter dated 22- 10-2021 which is contained as Annexure no.15 to the writ petition.”

B. Factual Matrix

2. The facts, in nutshell, are that Anjuman Talim Dargah is a Society registered under the Societies Registration Act, 1860. It is a minority organization and has established and is presently running private college, namely, Rahat Janta Inter College situated at Nanpara, District Bahraich (hereinafter referred to as ‘the Institution’). The Institution is managed by a 'Committee of Management (petitioner no.1)' (for short 'the Management') as per the Scheme of Administration. The institution is an aided private minority institution and is governed by the provisions of Uttar Pradesh Intermediate Education Act, 1921. Petitioner No.2-Arshad Khan is said to be the Manager of the Institution.

3. It is the case of the petitioners that in the Institution, there is one sanctioned post of Principal, 6 sanctioned posts of Lecturer, 15 sanctioned posts of Assistant Teacher L.T. Grade, 10 sanctioned posts of Assistant Teacher C.T. Grade, 3 sanctioned post of Routine Grade Clerk and 12 sanctioned posts of Peons. According to the petitioners, the State Government had issued a Government Order dated 15.02.2007, providing that in case of minority institution, no prior permission from any authority is required before publication of advertisement for filling up of vacancies of the approved/sanctioned post of teachers/lecturers. Again, the State Government had issued another Government Order dated 21.08.2014 in relation to one Smt. Shaista Ali on the post of Assistant Clerk, wherein the State Government had relied upon the earlier Government Order dated 12.02.2007, which specifically stated that in respect of minority Institution, Section 18 (Cha-Cha) of Intermediate Education Act, 1921 is applicable and further there is no provisions for taking prior permission or restriction for minority Institution for making appointment on Class-III posts.

4. It has been stated by the petitioners that after the Government Order dated 21.08.2014, the Director of Education has issued a letter on 29.10.2014, directing all the District Inspector of Schools saying that the Government Order dated 21.08.2014 is related to minority institution of Ashashkiya Sahayata Prapt for appointment on Class-III post and the Director of Education has further directed all the District Inspector of Schools to proceed on the basis of the Government Order dated 21.08.2014.

5. Further case of the petitioner is that on the basis of Government Orders dated 15.02.2007, 21.08.2014 and 29.10.2014, petitioners’ institution had advertised three posts of Class-III (Clerk) and three Class-IV posts on 04.09.2021 in two newspapers, namely, Rashtriya Sahara and Daily Shahafat (in Urdu Language). In pursuance of the said advertisement, number of eligible candidates have submitted requisite applications for the aforesaid posts. The Manager of the Institute (petitioner no.2), vide letter dated 21.09.2021, had informed the District Inspector of Schools regarding the