- (1.) Heard learned Counsel for the petitioner, Sri Rajeshwar Singh, learned Counsel for respondent Nos. 2 to 4 and learned Standing Counsel for State-respondent. Under the letter of the Additional Director of Education (Basic) dated 5.3.1987, in various recognized junior high schools post of teachers under Tribhasha Formula were created. Under clause-4 of the order, for the institution, namely, Yogiraj Deorahawababa Technical Laghu Madhyamik Vidyalaya, Pipara-Sarvan, Deoria, one post of Tribhasha teacher Sanskrit was created (copy whereof has been enclosed as Annexure-1 to the present writ petition). Under letter itself, it was specifically mentioned that the appointment on the post so created shall be made striclty in accordance with the Uttar Pradesh Recognized Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Teachers) Rules, 1978 (hereinafter referred to as the 'Rules, 1978'), after following statutory procedure prescribed thereunder. To similar effect, is the advertisement published for the post in question (Annexure-3 to the present writ petition). Hover, the petitioner who at the relevant time had passed only intermediate examination was appointed. Admittedly on the date of appointment petitioner did not have any teaching qualifications as required under Rule-4 of Rules, 1978. It is therefore, clear that on the date of appointment, the petitioner was not possessed of the prescribed minimum qualification in terms of statutory rules as well as the order creating the post under Tribhasha Formula. However, the appointment of the petitioner was approved by the District Basic Education Officer.
(2.) It appears that the institution at the relevant time was unaided. The institution in question was brought on the grant-in-aid list on 2.12.2006 and at that point of time, the authorities concerned did not include the name of the petitioner for the purposes of payment of salary from the State exchequer. Petitioner, therefore, filed Civil Misc. Writ Petition No. 26377 of 2010 before this Court. The writ petition was disposed of permitting the petitioner to represent his grievance before the District Basic Education Officer.
(3.) Under the impugned order, the District Basic Education Officer has held that since on the date of appointment petitioner was not possessed of the prescribed minimum qualification as provided for under statutory Rules, 1978 as well as under the order crating the post, he is not entitled to salary from the State exchequer.;