- (1.) M. Quddusi, J. Heard the learned Counsel for the petitioner institution, Sri S. M. A Kazmi and the learned standing Counsel at quite length.
(2.) BY means of this petition the petitioner namely Committee of Manage- , ment, Daulat Husain Muslim Indian Intei College, Allahabad and its Manager have prayed for a writ in the nature ofcertiorari quashing the impugned orders dated 16-9-98, 7-10-98 and 28-12-98 passed by the District Inspector of Schools and Joint Director of Education respectively be is sued to the respondents. Further, for a writ in the nature of mandamus commanding the respondents be issued to make the payment of salary to the newly appointed four teachers to be fully approved teachers in LT Grade,in the institution in question. The institution in question namely Daulat Husain Muslim Indian Inter Col lege, Allahabad is recognised minority in stitution under Article 30 of the Constitution and the same is on the grant-in-list of thestate Government upto High School level. There are Inter College also in the institution, but they are not on grant-in-aid list. It is averred in the writ petition that two teachers namely Mohammad Yusuf Isfahani, LT Grade Teacher, who was teaching English subject and Mohd. Nazir Ahmad, LT Grade Teacher, who was teaching Hindi subject, on retire ment. On attaining the age of superannuation on 30-6-93, another teacher of LT Grade namely Sahtiquzzaman, who was working in LT Grade teacher and was teaching Geog raphy subject was selected on the post of Principal of the Institution and as such he resigned from the post of Assistant Teacher and joined as Principal.
(3.) ANOTHER post of Assistant Teacher in the LT Grade in Arts subject also fell vacant on account of retirement of Sri Shiv Lai Singh. Other 3 LT grade teachers were retired and one LT grade teacher had resigned and hence 4 posts in LT grade fell vacant. All these 4 LT grade teacher had resigned and hence 4 posts in LT grade fell vacant. All these 4 persons were getting their salary through the said fund under the Payment of Salaries Act. Out of four vacancies the Committee of Management took up three vacancies and made ap pointment of three persons in LT grade and sent the same for approval of the Dis trict Inspector of Schools. The District Inspector of Schools withheld the ap proval and the persons, who were ap pointed had got employment elsewhere in the meantime and as such they did not join. Thereafter the Management of the Institution got vacancies published again as the students were suffering due to shortage of teachers. Thereafter the selec tion was held and the Selection Commit tee recommended the name of Mohd. Ashfaque Khan, Mohd. Iqbal Khan and Faneendra Kumar Rai for the post of Hindi and the name of Mohd. Ali Ausac, Khushbunnisa and Hari Prasad Sharma for the post of English and the name of Tasnim Ahmad Khan, Sarwar Khan and Naveduddin Siddiqui Tor the post of Geog raphy and Mohd. Shahnawaz Khan, Qadir Khan and Pappu Kumar Gupta were recommended for the post of Arts subject. On the basis of the recommenda tions of the Selection Committee the Committee of Management made ap pointment of Mohd. Ashfaque Khan for Hindi, Mohd. Ali Yusuf for English Mohd. Tasnim Khan for Geography and Mohd. Shahnawaz Khan for Arts subject. Sub sequently the persons joined their respec tive posts of L. T Grade teacher. Then the Committee of Management submitted papers for grant of financial approval to the appointments of these teachers before the District Inspector of Schools. The Dis trict Inspector of Schools rejected the ap proval vide letter dated 16-9-98 and 7-10-98 on the ground that the services of ear lier appointed persons namely Mujibul Hasan Khan, Javed Rashid Gauri and Mushtaq Ahmad were terminated without prior approval of the District Inspector of Schools and the advertisement in two Newspapers was not in accordance with the decision of the Full Bench in the case of Radha Raizada v. Committee of Manage ment, reported in 1994 (3) UPLBEC1551. Thirdly the copies of the receipts of the registered post for issuing interview letters were not supplied and the subjects History, Civics, Geography and Economics were abolished in High School Standard. Further in the order dated 7-10-98 it was indicated that the candidate did not possess requisite qualifications for teaching Arts subject.;