- (1.) Heard Sri Ashok Khare, learned Senior Advocate assisted by Sri Siddharth Khare, learned counsel for petitioner, learned Standing Counsel for the State and learned counsel for respondent Deemed University.
(2.) Petitioners are lecturers of R.E.I. Inter College, Dayalbagh, Agra. The said inter college was duly recognized and aided educational institution and provisions of U.P. Intermediate Education Act, 1921 (the 'Act of 1921'), U.P. Secondary Education Service Selection Board Act, 1982 (the 'Act of 1982') and U.P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and Other Employees) Act, 1971 (the 'Act of 1971') were applicable on the same. Petitioners were selected by the U.P. Secondary Education Service Selection Board and in pursuance of the recommendations made by the Selection Board, the District Inspector of Schools, Agra forwarded their names for appointment to the Management of R.E.I. Inter College. In furtherance of the said recommendations, the Management of R.E.I. Inter College issued appointment letters to the petitioners and, thus, petitioners joined the college. On 11.10.2012 the State Government issued an office order, in purported exercise of powers under Section 9(4) of the Intermediate Education Act, disaffiliating the R.E.I. Inter College, Agra from the Board of High School and Intermediate Education, U.P., Allahabad and further permitted its merger with Dayalbagh Education Institute Deemed University, Dayalbagh, Agra, subject to the conditions specified therein. The conditions imposed were:- "(i) The High School and Intermediate Examination commencing from the year 2014 would be conducted by Dayalbagh Education Institute, Deemed University, Dayalbagh, Agra, itself which would have recognition as equivalent to High School and Intermediate Certificate Examination conducted by Board of High School and Intermediate Education. (ii) The course curriculum and the books of study would continue to remain the same as stand prescribed by the Board of High School and Intermediate Education and in future the amendment/alteration would also be applicable with formal approval from Board of High School and Intermediate Education. (iii) The said institution would not be affiliated to any other examining body and the examination would be conducted by the Deemed University itself. (iv) The payment of salary to the members of the staff would be paid in accordance with the rules of the Deemed University. (v) All liability for payment of salary, allowances, pension, G.P.F., Group Insurance, etc., would be the sole liability of the Deemed University and the State Government would have no concern with the same. (vi) The members of the staff presently employed in the institute would be funded by the State Government and the financial liability with regard to any future increase in the staff would be borne by the Deemed University itself. (vii) Orders would be separately issued by the Higher Education Department of the State with regard to the grant to be paid to be Deemed University.
(3.) Petitioners have challenged the aforesaid order dated 11.10.2012 to the extent they have been transferred under the said order to the Deemed University.;