- (1.) Petitioner had approached this Court earlier seeking sanction of two additional posts of Lecturer in the institution on the allegation that in the year 1973, institution was granted recognition for Intermediate classes in six (6) subjects, while only four posts of Lecturer were created. The petitioner, therefore, requested that as against the two subjects qua, which post of Lecturer had not been created, the State may be directed to create two additional posts of Lecturers in the institution. Writ petition (no. 66606 of 2008) filed by the petitioner for the purpose was decided under order dated 05.01.2009 permitting the petitioner to approach the Director and the Director in turn was required to examine the grievance of the petitioner in a time bound manner.
(2.) The Director under the order impugned dated 15.06.2009 has refused to sanction two additional posts of Lecturers in the institution on the ground (a) in the year 1973, recognition was granted for Intermediate examination in six (6) subjects, but only four posts of Lecturer was created. For 32 years, the petitioner institution could carry on with the teaching in the subject qua which post of Lecturer had not created. Therefore, at this stage, creation of two posts of Lecturers is not required, (b) under Government Order dated 09th December 1986, a ban has been imposed on creation of new post in recognized Intermediate Colleges.
(3.) At the very outset, this Court may decide that when the State decides to provide financial assistance to any Intermediate College bringing the institution within the purview of U. P. Act no. 24 of 1971, two obligations arise automatically: (a) There must be sanction of requisite number of posts in the institution, so that the teaching work may be carried on smoothly and no hindrance is caused in the education of the students; and (b) that the institution is not permitted to charge anything over and above that prescribed as fee by the State Government from the students to be admitted in such aided institution. This Court may take judicial notice of the fact that the fee, which has been permitted to be released from the students by the aided Intermediate Colleges, is too meager an amount to provide for payment of salary to teachers, who are to be appointed by the Management from its own resources.;