- (1.) This appeal by special leave is against the order of the Allahabad High court. The subject-matter of dispute is in regard to 11 lady teachers of Saghir Fatima Mohammadia Girls Inter College, Agra. This is claimed to be a minority institution but fully financed from the State resources.
(2.) By interlocutory orders made from time to time the real litigative part of the dispute has already been attended to. We would refer to our order of 2/05/1991 where this court observed: "We are happy to find that pursuant to our order made earlier in this case Smt Kamla Mehra, Smt Saran Kumari Gaur and Swaliha Begum have been given postings and they have already reported to duty. So far as petitioners Km Asifa Rizvi, Km Sayyada Rizwani and Shafiqa Begum are concerned, Ms Dikshit points out that though there is some possibility of adjusting them in other institutions, it is a time- taking process inasmuch as under the scheme government have no power to impose teachers from outside on the administration of the institutions. We think it appropriate in the interest of justice to require the Director of Secondary Education to require such of the colleges where appropriate vacancies are available to adjust these three teachers. To so adjust them the institutions shall take our present order as a direction to adjust them and as and when called by the Director of 751 Secondary Education it shall be implemented. Failure to comply shall be treated as violation of our direction. So far as Smt Sudha Dixit is concerned, we gather from the representation made at the Bar that a vacancy in the speciality is about to arise in the coming month. If that be so, Ms Dikshit has agreed to see that she is so posted. As far as two remaining teachers are concerned, they do not agree to go out of the institution and Ms Dikshit points out that in their subjects there is no vacancy. In these circumstances, they have choice but to wait indefinitely till vacancy occurs without claiming salary till employment. If this is not acceptable to them, the order of termination already made shall be taken as final and conclusive and their petition shall stand dismissed. "
(3.) We are told that the vacancy which was contemplated in regard to Smt Sudha Dixit has not worked out for her. She had been offered a posting in Mathura, away from the institution where she had been working and she did not choose to go there. Mr Markandeya appearing for her, however, does not agree with this statement made by others and says that she volunteered to go but was informed that the institution had not taken a decision to keep her and she was to be intimated as and when a decision was taken. No intimation has been received by her as yet.;