The court upheld the necessity of verifying the genuineness of appointments in grant-in-aid institutions, emphasizing that forged documents cannot establish entitlement to salary from public funds.

JUDGMENT :

SAURABH SHYAM SHAMSHERY, J.

1. This is second round of litigation. Petitioners have approached this Court earlier by way of filing Writ-A No. 18428 of 2018, which was disposed of vide order dated 29.08.2018 and for reference the same is reproduced hereinafter:

“The grievance of the petitioners in the writ petition is that despite the Institution having been brought in grant-in-aid vide order dated 21.11.2017, by the authorities concerned, they are not being paid regular salary.

After the Institution has been brought within grant-in-aid, the Joint Director of Education (Female) vide letter dated 16.02.2018 has directed the Regional Assistant Director of Education (Basic), Varanasi to pass appropriate orders for payment of salary to the petitioners and other teachers.

Sri Ashok Khare, learned Senior Counsel appearing for the petitioners submit that the direction was issued on 16.02.2018, but till date the Regional Assistant Director of Education (Basic), Varanasi has not passed the final order in pursuance of the directions dated 16.02.2018 issued by the Joint Director of Education (Female).

With the consent of the parties, this petition is finally disposed of with a direction to the Regional Assistant Director of Education (Basic), Varanasi to pass final order in pursuance of the directions issued by the Joint Director of Education (Female) vide letter dated 16.02.2018 within a period of two months.”

2. In pursuance of above order, case of petitioners for financial approval was considered, however, it was rejected by means of impugned order dated 19.01.2019. Relevant part of impugned order is mentioned hereinafter:

3. Sri Himanshu Singh, learned counsel for petitioner submitted that petitioners were appointed as Assistant Teacher in attached primary section of Respondent-Institution on 21.04.2005 and 15.06.2005. Learned counsel further submitted that selection was made in accordance with due procedure after taking prior permission from District Basic Education Officer, Jaunpur and therein selection was approved on 21.04.2004. Learned counsel further submitted that junior section of institution concerned was brought into grant-in-aid in 2017 and thereafter application was forwarded for financial approval. Learned counsel submitted that in garb of consideration for approval, the respondents have conducted entire exercise to verify whether due process was followed or not, which was beyond their powers. Learned counsel has placed heavy reliance on a judgment passed by Coordinate Bench of this Court in Smt. Shalini and others vs. State of U.P. and others, 2023 AHC 129988 and for reference relevant part thereof is mentioned hereinafter:

“From the perusal of the order impugned it is clear that the petitioners have been non-suited on the sole ground that they did not possess the eligibility as provided under Rule 9 of the Rules, 1975, however, the applicability of the Rules, 1975 or Rules, 1981 has been disputed by the learned Senior Counsel for the petitioners. Rule 2(b) of the Rules, 1975 defines Junior Basic School and Rule 2(e) of the Rules, 1975 defines “Recognized School” which provide as under:

“(2) This rule and Rule 11 shall come into force at once and the remaining provisions shall come into force on the first day of July, 1975.

Definitions - In these rules, unless the context otherwise requires:

(a) “Act” means the Uttar Pradesh Basic Education Act, 1972.

(b) “Junior Basic Schools” means an institution other than High Schools or Intermediate Colleges imparting Education up to the V Class.

(c) “Board” means the Uttar Pradesh Board of Basic Education constituted under Section 3 of the Act.

(d) “District Basic Education Officer” means the District Basic Education Officer appointed by the State Government.

(e) “Recognised School” means any Junior Basic School, not being an institution belonging to or wholly maintained by the board or any local body, recognised by the Board before the commencement of these rules for imparting educatio