- (1.) By means of this writ petition, the petitioners have challenged the order of the District Basic Education Officer, Mirzapur, the respondent no. 3, dated 09th May, 2003, insofar as it rejects the proposal of the Committee of Management for granting approval to the appointment of the petitioner nos. 1, 2 and 3 on the posts of Assistant Teacher, Clerk and Peon respectively in the institution in question.
(2.) Briefly stated, the facts are that Panchayati Raj Shikshan Sansthan, Junior High School, Jamalpur, District Mirzapur (for short, the "institution") is an institution recognised under the Uttar Pradesh Basic Education Act, 1972, wherein education is imparted upto the level of VIIIth standard. The institution does not receive aid out of the State fund. Affairs of the institution are managed by the respondent no. 4 i.e. Committee of Management. In the institution, one post of Head Master, four posts of Assistant Teachers, one post of Clerk and one post of Peon were advertised with the permission of the District Basic Education Officer dated 07th November, 2001. The advertisement was issued in daily newspapers "Janvarta" on 24th November, 2001. It is stated that pursuant to the said advertisement, the petitioner no. 1 applied for the post of Assistant Teacher, whereas petitioner nos. 2 and 3 applied for the posts of Clerk and Peon respectively. Duly constituted Selection Committee found the petitioners suitable for being appointed on the respective posts, for which they had applied. Accordingly, all the papers relating to appointment were sent to the office of the District Basic Education Officer, Mirzapur for approval. However, by the impugned order dated 09th May, 2003, the District Basic Education Officer has turned down the proposal of the Committee of Management for according approval to the appointment of the petitioner no. 1 on the post of Assistant Teacher on the ground that the said post falls within the reserved category as out of four posts one post ought to have been reserved for Scheduled Caste candidate and one post for Other Backward Classes candidate. Impugned order further declines to grant approval to the appointment of the petitioner nos. 2 and 3 on the posts of Clerk and Peon respectively on the ground that they are overage. Feeling aggrieved, the petitioners have filed this writ petition.
(3.) A counter affidavit has been filed on behalf of the respondent no. 3 i.e. District Basic Education Officer, Mirzapur, wherein the ground taken in the impugned order has been reiterated.;