ASHOK BHUSHAN,J. - (1.) ALL these appeals filed against the various judgment and orders of Hon'ble Single Judge, have been heard together and are being decided by this common judgment. Although the main issues raised in the above appeals are common but Special Appeal No. 25 of 2006, Smt. Manju Awasthi Vs. State of U.P. is being treated as a leading appeal and pleadings and issues raised in the said appeals are being noted in some detail. Special Appeal No. 25 of 2006 Smt. Manju Awasthi Vs. State of U.P. has been filed by two appellants namely; Smt. Manju Awasthi and Committee of Management Sri Dosar Vaish Balika Inter College Cantt. Kanpur Nagar against the judgment and order of Single Judge dated 22.11.2005, passed in writ petition No. 41420 of 2004, Dr. Smt. Sushila Gupta Vs. The Joint Director of Education and others; and writ petition No. 33360 of 2005, Dr. Smt. Sushila Gupta. Vs. State of U.P. And others. Single Judge vide judgment and order dated 22.11.2005 allowed both the writ petitions, against which special appeal has been filed by Smt. Manju Awasthi and Committee of Management, Dosar Vaish Balika Inter College challenging the order passed by Single Judge in writ petition No. 33360 of 2005.
(2.) BRIEF facts giving rise to the writ petitions and thereafter special appeal No. 25 of 2006 now need to be noted. The institution Dosar Vaish Balika Junior High School was recognised as Junior High School within the meaning of U.P. Basic Education Act, 1972 and was also receiving grant -in -aid at Junior High School level. The institution was granted recognition as high school without finance (Vitta Vihin) under section 7A (a) of U.P. Intermediate Education Act, 1921 (hereinafter referred to as '1921 Act') on 1.8.1992. The High School was further recognised as Intermediate college in the year 1995 under section 7A(a) of the Act. No posts were created either at a High School level or Intermediate level after the recognition under the 1921 Act. The permanent Head Mistress as well as other teachers of the Junior High School level continued to receive their salary under the grant -in -aid granted to the institution at Junior High School level. Permanent Head Mistress retired on 30.6.1999 thereafter senior most Assistant Teacher functioned as officiating head Mistress. Smt. Sushila Gupta, the respondent no. 5 to the appeal was next senior most teacher who was not given charge of the officiating head mistress by the management and management passed resolution dated 1.7.1992 giving charge to Smt. Shashi Prabha Misra as officiating Head Mistress whose signature was attested by the District Inspector of Schools on 10.7.2001. District Inspector of Schools passed an order on 16.7.2001 that Smt. Sushila Gupta would function as an officiating Head Mistress against which order, Smt. Shashi Prabha Misra filed writ petition being writ petition No. 30736 of 2001 in which an interim order was passed on 29.8.2001. The signature of Smt. Shashi Prabha Misra was attested on 6.9.2004 by the District Basic Education Officer and an advertisement was also issued by the management on 12.6.2004 inviting applications for appointment on the post of Head Mistress of Dosar Vaish Balika Junior High School. Smt. Sushila Gupta filed writ petition No. 41420 of 2004 in which an interim order was passed on 5.10.2004 restraining the respondents from proceeding with the advertisement. However, in special appeal No. 1393 of 2004 the interim order granted by Single Judge was modified to the extent that selection pursuant to the interim order shall go on and any appointment made shall be subject to the decision of the writ petition. Selection was thereafter held for the post of Head Mistress and Selection Committee recommended Smt. Manju Awasthi, which was also approved by the District Basic Education Officer on 25.2.2005. Smt. Sushila Gupta filed writ petition being writ petition No. 33360 of 2005 challenging the order of District Basic Education Officer approving the appointment of Smt. Manju Awasthi. Approval of the appointment order was given by the District Basic Education Officer under the U.P. Recognized Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Teachers) Rules, 1978. Both the writ petitions were allowed by Single Judge by judgment and order dated 22.11.2005. Hon'ble Single Judge held that the institution having been upgraded as High School and Intermediate, appointment on the post of head of the institution has to be made in accordance with the U.P. Intermediate Education Act, 1921 and the regulations framed thereunder as well as under U. P. Secondary Education Service Selection Boards Act, 1982. Advertisement and consequent selection of the appellant as Head Mistress of the Junior High School was set aside. Smt. Manju Awasthi as well as committee of management aggrieved by the aforesaid judgment of Hon'ble Single Judge have filed the appeal. Special Appeal No. 170 of 2005 District Basic Education Officer and another Vs. Shree Krishna Tripathi has been filed challenging the judgment and order of Hon'ble Single Judge dated 13.1.2005, passed in writ petition No. 29697 of 2004, Shree Krishna Tripathi Vs. State of U.P. Writ petition No. 29697 of 2004 was filed by Shree Krishna Tripathi, who was working as a Clerk in the institution, challenging the order dated 1.7.2004 by which he was superannuated at the age of 58 years. Shree Krishna Tripathi was appointed as clerk in the Junior High School, which Junior High School was upgraded from Junior High School to High School by order dated 19.2.1997. The upgraded institution was not receiving any grant -in -aid. The writ petitioner after having completed 58 years was directed to be superannuated in accordance with the provisions of the U.P. Recognised Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Ministerial Staff and Group 'D' Employees) Rules, 1984. The said order was challenged by the writ petitioner contending that institution having been upgraded, his service conditions shall be governed by U.P. Intermediate Education Act, 1921 and the Rules framed thereunder and the date of retirement under the Regulations being 60 years, he cannot be asked to be retired at the age of 58 years. Hon'ble Single Judge allowed the writ petition and quashed the order of retirement at the age of 58 years and directed that writ petitioner should be allowed to continue till 60 years. Hon'ble Single Judge held that after up gradation of institution, the service conditions of the employees shall be governed by U.P. Intermediate Education Act,1921 and Regulations framed thereunder. The District Basic Education Officer as well as the Assistant Director of Education Basic have filed the Special Appeal challenging the said judgment.
(3.) SPECIAL Appeal No. 1468 of 2005 Surendra Datt Kaushik Vs. State of U.P. has been filed against the judgment and order dated 24.11.2005, passed by Hon'ble Single Judge in writ petition No. 63578 of 2005, Naresh Pal Singh Vs. State of U.P. and others. Sarvaodaya Mandir Junior High School was a recognised Junior High School receiving grant -in -aid. The institution was upgraded as High School in the year 1993 and Intermediate in the year 1997. However, recognition was without any finance (Vitta Vihin) and the salary was being disbursed at Junior High School level. An advertisement was issued by the management on 24.11.2004 inviting applications for appointment on the post of Head Master, in pursuance of which selection was undertaken which was approved by letter dated 16.9.2005 of District Basic Education Officer approving Surendra Datt Kaushik as Head Master of Junior High School. Naresh Pal Singh filed writ petition No. 63578 of 2006, challenging the order of District Basic Education Officer approving the appointment. The writ petition has been allowed by Hon'ble Single Judge by the impugned judgment dated 24.11.2005 quashing the order of District Basic Education Officer. Hon'ble Single Judge following his earlier judgment in the case of Dr. Sushila Gupta Vs. Joint Director of Education and others (supra) held that after up gradation of the institution, the appointments has to be made in accordance with the provisions of the U.P. Intermediate Education Act, 1921 and U.P. Act No. 5 of 1982. District Basic Education Officer has no jurisdiction to make any selection.;