- (1.) Heard learned Counsel for the Petitioners, learned Standing Counsel for the Respondents and perused the record. With the consent of learned Counsel for the parties the writ petition is being heard and decided finally under the Rules of this Court at this stage.
(2.) The Petitioners are aggrieved by the order dated 25.08.2008 passed by the Joint Director of Education, Kanpur Region, Kanpur Nagar, (Respondent No. 2) whereby it has upheld the decision of the District Inspector of Schools for not approving the selections made by the Respondents on the post of Assistant Teacher, L.T. Grade and has directed to fill in the vacancies afresh in accordance with law.
(3.) The facts, in brief, giving rise to the present dispute are that the Petitioners' institution, i.e., Km. Udyan Balika Inter College, Ashok Nagar, Kanpur (hereinafter referred to as the "institution") is a Christian minority institution recognised by the Board of High School and Intermediate imparting education up to High School. It is governed by the provisions of the U.P. Intermediate Education Act, 1921 (hereinafter referred to as the "1921 Act") and since the institution is aided one, is governed by the U.P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971 (hereinafter referred to as the "1971 Act"). One Smt. Vineet Shreedhar, Assistant Teacher L.T. Grade sought voluntary retirement on 30.06.2006 and another Smt. Janak Chabra, similarly sought voluntary retirement on 30.06.2007 resulting in two vacancies in the institution. The Petitioners' institution sought approval of the District Inspector of Schools for filling in the said vacancies and thereafter published an advertisement in daily newspaper "The Pioneer" (English) and "Dainik Jagran" (Hindi) dated 16.08.2007. The contents of the advertisement in English reads as under: WANTED TWO TRAINED GRADUATE ASSISTANT TEACHERS, COMPUTER KNOWLEDGE DESIRABLE SCALE Rs. 500-9000 ON ONE YEARS PROBATION. FORM AVAILABLE IN OFFICE ON PRESCRIBED PAYMENT APPLY THROUGH REGISTERED POST TO THE MANAGER KUMARI UDYAN VIDYALAYA ASHOK NAGAR KANPUR WITHIN 15 DAYS.;