RAJES KUMAR,J. - (1.) HEARD Sri G.S. Bhatt, learned counsel for the petitioner and Sri Gajendra Pratap Singh, Senior Advocate, Assisted by Sri D.S.M. Tripathi, learned counsel for the respondent no.5 as well as Sri Pankaj Rai, learned Additional Chief Standing Counsel, appearing on behalf of other respondents.
(2.) BY means of the present petition, the petitioner is seeking a writ of certiorari quashing the approval order dated 9.7.2004, passed by the District Basic Shiksha Adhikari, Varanasi, Annexure- 4 to the writ petition and further quashing of the entire selection proceeding held on 8.4.2004 for the post of Headmistress of Sri Krishna Balika Vidyalaya Junior High School, Bula Nala, Varanasi and further a writ of mandamus to the respondent nos. 1, 2 ,3 and 4 to make a fresh selection of the candidates for appointment on the post of Headmistress. By the order dated 9.7.2004, the District Basic Shiksha Adhikari, Varanasi granted approval for selection of Smt. Meela Yadav, respondent no.5, for appointment on the post of Headmistress in Sri Krishna Balika Vidyalaya Junior High School, Bula Nala, Varanasi.
(3.) THE brief facts, giving rise to the present writ petition, are that Sri Krishna Balika Vidyalaya Junior High School, Bula Nala, Varanasi (hereinafter referred to as the 'institution') is being run and managed by the committee of management duly registered under the Societies Registration Act, 1860. The institution is recognised and aided by the Government and as such the salary to the teachers and other staff is being paid under the provisions of U.P. Junior High School (Payment of Salaries of Teachers and other Employees) Act, 1978.;