- (1.) This writ petition could have been avoided had the respondents acted with a little care and caution and would have been vigilant in observing their statutory obligations. Unfortunately that was not done. The petitioners is a Committee of Management of Shree Shanker Junior High School, Sirsani, District Auraiya (hereinafter referred to as "School"). It is recognized by the Board of Basic Education (hereinafter referred to as "Board") and is governed by U.P, Basic Education Act, 1972 and rules and regulations framed thereunder. The school being in grant in aid, for the matter of payment of salary it is governed by the U.P. Junior High Schools (Payment of Salaries of Teachers & Other Employees) Act, 1978 (hereinafter referred to as "Act 1978"). This Act 1978 is applicable to the School since 1998 when it was brought in grant in aid.
(2.) At this stage I do not propose to take note of number of sanctioned posts of teaching and non teaching staff in the school etc. since that is not be seen at this stage and in my view that is beyond the scope of the writ petition. The real controversy is something else.
(3.) It is not in dispute that for the purpose of recruitment and continuance of service of teachers of the School, it is governed by the U.P. Recognized Basic Schools (Junior High Schools) (Recruitment & Conditions of Service of Teachers) Rules, 1978 (hereinafter referred to as "Rules 1978"). Rule 10 thereof requires for constitution of Selection Committee for appointment of a teachers which includes a nominee of the District Basic Education Officer. It is only this Selection Committee who can make selection after observing the procedure prescribed in Rule 10.;