- (1.) Heard Sri Ravi Kiran Jain, learned Senior Counsel assisted by Sri Ajay Rajendra, learned Counsel for the Petitioners and Sri Indra Sen, learned Standing Counsel for the Respondents.
(2.) According to the Petitioners (who are three in number) they were selected for appointment as teachers in Dayawati Modi Kanya Junior High Schools, Sikari Kalan, Modi Nagar, Ghaziabad by the Selection Committee on 1.8.1984 after following due procedure and thereafter on 6.8.1984 the manager of the School sent all relevant papers to Basic Shiksha Adhikar (B.S.A), Ghaziabad for approval. The procedure of recruitment/appointment in Junior High Schools in U.P. is governed by the Uttar Pradesh Recognised Basic Schools (Junior High Schools) (Recruitment and Conditions of Services of Teachers) Rules 1978. Sub Rule (3) and (4) of Rule 10 of the said Rules prescribe that the Selection Committee after the selection shall as soon as possible forward the list of the selected candidates together with the minutes of the proceedings of the committee to the management and the manager within a week from the date of receipt of the papers should send a copy of the list to the District Basic Education Officer. Under Rule 10(5)(III) it is provided as under: If the District Basic Education Officer does not communicate his decision within one month from the date of receipt of the papers under Clause (4), he shall be deemed to have accorded approval to the recommendations made by the selection committee.
(3.) On receipt of the of papers sent by the Manager regarding appointment of the Petitioners, B.S.A. sent a communication on 18.8.1984 to the Manager requiring some further information, copy of which is Annexure CA-2 to the counter-affidavit filed by the State. It is unfortunate that neither in any of the paragraphs of the writ petition any mention of the said communication has been made nor its copy has been annexed alongwith the writ petition.;