- (1.) RAKESH Tiwari, J. Heard the learned Counsel for the parties and perused the records.
(2.) BY means of the present writ petition, the petitioners have challenged the order dated 12-11-1998 passed by respondent No. 1, Annexure-13 to the writ petition. The brief facts of the case are that Arya Balika Inter College situate in District Mau is a recognized institution. It has been granted recognition upto High School level with financial aid and recognition of Intermediate classes has been granted by the Board without any financial aid. The institution being in the list of grant-in-aid of the State upto High School, the teachers and employees working upto High School level are getting their salary from the State fund. The recognition of Intermediate classes in the institution being without any financial aid, the Lecturers working in Intermediate classes of the institution are getting their salary from the Committee of Management. In the year 1981 one post of Principal three posts of Asstt. Teachers L. T. grade, five posts of C. T. grade, one post of clerk and five posts of peons were created. It is stated that by passage of time the strength of students in the college is increasing, hence permission was sought by the college authorities to open new sections. The State Government after verification approved only 12 sections upto High School level according to the norms based on the strength of students and also granted permission to run new sections for Intermediate classes.
(3.) THE posts of teachers and employees in High School and Intermediate colleges are created according to the norms and standard prescribed by the State Government. THE Government Order dated 20-11- 1977 provides that upto High School level post of 1. 5 teachers will be sanctioned and for Intermediate classes in every recognized sections two posts of Lecture will be created. THE Government Order further provides that if the strength of students in High School colleges is upto 900, then one Additional post of clerk will also be sanctioned. THE copy of the G. O. is Annexure-9 to the writ petition. The Counsel for the petitioner submits that since the recognition upto High School has been granted to the institution with finance, hence the authorities were under obligation to create posts of teachers and employees in the college according to the decision of the State Government on the basis of approval granted to 12 sections. He further submits that there must be 18 posts of teachers in the college, but at present there are only 8 sanctioned posts of teachers upto High School level, as the Committee of Management was facing much hardship in the smooth running of the college particularly in maintaining studies of students due to shortage of teachers, hence a demand was submitted for creation of additional posts alongwith all necessary particulars, but no action was taken by the Director of Education (Secondary) in the matter. Being aggrieved, the Committee of Management of the college filed Writ Petition No. 19646 of 1998, which was disposed of with a direction to the Director of Education (Secondary) to consider and decide the representation submitted by the petitioners for creation of posts.;