- (1.) R. B. Misra, J.
(2.) -All these writ petitions are taken up together. By way of Writ Petition Nos. 27709 of 1999 and 30563 of 1999 order dated 31.12.1998, passed by District Inspector of Schools, Allahabad and subsequent order dated 15.5.1999 have been challenged. Further prayer has been made seeking writ of mandamus restraining the respondents from interfering in the working of the petitioners as assistant teachers and for payment of salary month by month along with arrears from the date of their initial appointment. Still further prayer has been made to grant approval by the District Inspector of Schools in favour of the petitioners as a primary teacher in the institution. Km. Preeti Singh by way of Writ Petition No. 14570 of 1999 has prayed to quash the selection which took place on 17th December, 1998, in pursuance of the advertisement published in local newspapers 'Rashtriya Sahara' on 16th October, 1998 and in 'Amar Ujala' on 17th of October, 1998 to the post of assistant teachers in the primary section attached to Arya Kanya Inter College, Mutthiganj, Allahabad (in short called as 'College' hereinafter) and further prayer has been made to restrain the petitioners in the above two writ petitions from functioning as assistant teachers in the primary section of the college and further direction has been made for making fresh appointment by observing the provisions of U. P. Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994, that is Act No. 4 of 1994 (in short called as 'Reservation Act, 1994' hereinafter) which came into force on 11.12.1993. The facts necessary for adjudication of the writ petitions are that Arya Kanya Inter College, Mutthiganj, Allahabad, is under grants-in-aid list of the State Government and the teachers of the said college are being paid salary through the State funds under the U. P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and Other Employees) Act, 1971. The said college runs classes from 1st to XII where primary section is also run within one campus under the same management and one Principal is heading the college including the primary section from 1st to V and from VI to XII and the terms and conditions in respect of payment are governed by U. P. Intermediate Education Act, 1921 and the regulations framed thereunder.
(3.) ACCORDING to the petitioners for appointment of Assistant Teacher in the Primary Section in the said college a letter was written by management of the said college on 12.6.1998 to the Director of Schools seeking permission whereby the permission dated 29.9.1998 was granted by the District Inspector of Schools (D.I.O.S.) to the management of the said college. In pursuance thereto the vacancies were advertised in widely circulated newspapers namely 'Rashtriya Sahara' on 16.10.1998 and in 'Amar Ujala' on 17.10.1998. In reference thereto 108 persons applied, out of which 102 persons were called for interview and out of which 75 persons appeared and interviewed and the selection took place on 17th December, 1998, where the petitioners of the two Writ Petition Nos. 27709 of 1999 and 30563 of 1999 were found eligible and were recommended as L.T.C. and B.T.C. grade. In reference to the recommendation of the Selection Committee, the Management Committee of the said college resolved and issued appointment letters from 28.12.1998 onwards in favour of the writ petitioners where it was specifically mentioned that the appointment in question was only be effective from the date of approval by the District Inspector of Schools. However, in pursuance to the appointment letters issued in favour of the petitioners when writ petitioners met the Principal of the college, they were informed by the Principal and the Manager that some quarries have been made by the District Inspector of Schools by letter dated 31.12.1998, in respect of the following points : (i) To indicate about the creation of posts of alleged teachers in primary section of the college. (ii) Number of sections in primary section and the permission for their creation. (iii) List and details of the joining dates and the date of retirement of lady teachers working in primary section from 1975 (Service Books as evidence are to be enclosed). (iv) To disclose the names of assistant lady teachers receiving salary after the grant No. 71 was made applicable to the college to give detail about those lady teachers working in primary section of the said college, their date of appointment who were given C.T. grade scale by the Regional Girls Inspector of School IVth Division by her order dated 16th August, 1994. The District Inspector of Schools by letter dated 31.12.1998 has also indicated to the Manager of the said college to furnish information on the above points and had restrained the appointment of any assistant teachers in the primary section of the said college.;