- (1.) Committee of Management, Vedic Putri Pathshala Inter College, Nai Mandi, Muzaffarnagar has filed this petition for quashing of the order of the District Inspector of Schools, Muzaffarnagar dated 1.11.2011 as also for a writ of mandamus directing the respondents to not to interfere with the selections held for the post of Assistant Teachers in Primary Section attached to the said Intermediate College. Facts giving rise to the present petition are as follows: After detailed correspondence initiated as early as in the year 2004 and subsequent to filing of Writ Petition No. 42629 of 2009, and Contempt Petition No. 1589 of 2010, the Secretary of the Secondary Education Department, State of U.P. permitted the petitioner institution to fill only one of the vacancies existing in the primary section of the institution. Since permission was granted to fill in only one vacancy within the reserved category, second Writ Petition No. 10449 of 2010 was filed by the Committee of Management, which was decided on 12.3.2010. For noncompliance of the order dated 12.3.2010, second Contempt Petition No. 2498 of 2010 was filed.
(2.) The State, being aggrieved by the order of the Writ Court dated 12.3.2010, filed Special Appeal No. 132 of 2011. The Secretary ultimately issued an order requiring the Director, Secondary Education to grant permission to the petitioner institution to fill in all the four vacancies of Assistant Teachers. Permission was granted by the authorities and advertisement was published in newspaper Amar Ujala, Dainik Jagran and another local newspaper of Muzaffarnagar.
(3.) The vacancies could not be filled for various reasons in terms of the earlier advertisement and therefore fresh advertisement was published in daily newspaper Amar Ujala on 21.10.2011. As many as 244 applications are stated to have been received in response to the advertisement. Date for interview was fixed and communicated to the candidates by letters sent through speed post. At this stage of the proceedings, the District Magistrate, who has nothing to do with a recognized Intermediate College, intervened and by means of the letter of the Additional District Magistrate the District Inspector of Schools was required to produce the entire records of the selections before the District Magistrate and further to inquire into the complaints received. The District Inspector of Schools in response thereto directed that further proceedings of selections shall remain stayed. As a consequence thereto the interview fixed for 1.11.2011 could not take place. At this stage the petitioners have approached this Court by means of this petition.;