Rajes Kumar, J. - (1.) THE petitioner was appointed as an Assistant Teacher in the institution of R.B. Rao Laghu Madhyamik Vidyalaya Rampur Bujurg Deoria with effect from 12.12.1977. The said institution was the junior high school and was unaided. Subsequently in 1980, the said institution was upgraded to High School and came under grant -in -aid on 21.8.1987. By the letter dated 20.6.1988, the District Inspector of Schools, Deoria has informed the committee of management that in the absence of the posts five teachers have yet not been absorbed namely Sri Vijai Pal Rao, appointed on 1.7.1976, Sri Banka Yadav, Sri Shivaji Dwivedi and Sri Kunj Behari Tewari appointed on 12.12.1977 and Sri Surendra Singh appointed on 1.7.1977. Sri Banka Yadav and Sri Shivaji Dwivedi filed Writ Petition No. 3181 of 1990 claiming their absorption. The said writ petition has been allowed by the order dated 2.11.1993 and the direction had been issued to the respondents to absorb them with effect from 24.11.1987 as the C.T. Grade teacher. It appears that Sri Surendra Singh has also filed a Writ Petition No. 24477 of 1989 claiming the same relief. The writ petition has been disposed of on 21.11.1989 directing the District Inspector of Schools to consider the claim of the petitioner. The District Inspector of Schools, Deoria vide order dated 28.12.1989 has passed the order and absorbed Sri Surendra Singh as a teacher with effect from 24.11.1987. The order of the District Inspector of School is annexure -11 to the writ petition. Raising the similar claim the petitioner filed the present writ petition. The writ petition was entertained and on 23.8.1999 an interim mandamus was issued to respondent No. 1 to pay salary to the petitioner in view of the order of Director of Education U.P., Allahabad dated 24.11.1982 within two months from the date a certified copy of this order is served upon him or show cause by filing counter -affidavit within the same period. It appears no counter -affidavit has been filed within the aforesaid period, therefore, by the order dated 18.10.2000, interim mandamus issued on 23.8.1999 was made absolute. In pursuance thereof the petitioner is getting salary.
(2.) THE contention of the learned Counsel for the petitioner is that the petitioner is similarly situated with Sri Banka Yadav, Sri Shivaji Dwivedi and Sri Surendra Singh, therefore, he is also entitled to be absorbed. Learned Standing Counsel submitted that in the counter -affidavit, it is stated that the petitioner was not B.Ed. and therefore, he is not qualified to be appointed as a teacher.
(3.) LEARNED Counsel for the petitioner submitted that Sri Banka Yadav and Sri Surendra Singh were also not B.Ed. and they have been appointed and have been absorbed and therefore, the petitioner may also be absorbed. Further submitted that when the petitioner was appointed in the year 1987, there was no rule specifying the qualification therefore, the objection of the respondent is not justified.;