Madon, J. - (1.) The principal question which arises for determination in this group of appeals by Special Leave and Writ Petitions is the constitutional validity of two Uttar Pradesh Ordinances, namely, (1) the Uttar Pradesh High Schools and Intermediate Colleges (Reserve Pool Teachers) Ordinance, 1978 (U. P. Ordinance No. 10 of 1978), and (2) its successor Ordinance - The Uttar Pradesh High Schools and Intermediate Colleges (Reserve Pool Teachers) (Second) Ordinance, 1978 (U. P. Ordinance No. 22 of 1978), which had been-struck down by a Division Beach of the Allahabad High Court by its judgment delivered on December 22, 1978, in Civil Miscellaneous Writ No. 9174 of 1978 - Uttar Pradesh Madhyamik Shikshak Sangh v. State of Uttar Pradesh 1979 All LJ 178 - on the ground that its provisions were violative of Arts. 14 and 16(1) of the Constitution of India; the subsidiary . questions being whether the termination of the services of the Appellants and Petitioners as secondary school teachers and intermediate college lecturers following upon the said Allahabad High Court judgment is valid and, if not, the reliefs to which they are entitled.
(2.) We will first set out the circumstances which led, to the promulgation of the above two Ordinances and then narrate the events subsequent thereto.
(3.) The educational institutions in the State of Uttar Pradesh teaching up to the high school and intermediate classes fall into three categories, namely. (1) institutions manged and conducted by the Central Government; (2) institutions managed and conducted by the State Government and local bodies; and (3) institutions managed and conducted by private management.;