- (1.) WRIT petition has been restored to its original number and as requested and agreed by learned counsel for the parties, I proceed to decide it on merits itself at this stage.
(2.) HEARD Sri Shashi Nandan, Senior Advocate, assisted by Sri. Awadh Narain Rai, Advocate for the petitioner and Mr. Shailendra Srivastava, Advocate for respondents. This writ petition is directed against the order dated 25.06.1997 passed by Regional Assistant Director of Education (Basic) RegionI, Meerut (hereinafter referred to as "A.D.(Basic)"), deferring effect and operation of letter dated 29.05.1995 whereby it has granted approval for creation of seven posts of Assistant Teachers and one post of Clerk in Sarvodya Mandir Junior High School, Mahavatpur Bawli, Meerut (hereinafter referred to as "the School").
(3.) THE school was initially recognized as Junior High School by Board of Basic Education (hereinafter referred to as "the Board") under the provisions of U.P. Basic Education Act, 1972 (hereinafter referred to as "Act 1972") and the Rules framed thereunder. The school was not receiving grantinaid but after issuance of Government Order dated 20.01.1986, the committee of management of school submitted an application before A.D. (Basic) for bringing the school in grantinaid list. While the said application was pending, the State Government issued a telegram dated 04.10.1988 restraining Basic Education Authorities from considering application to bring any Basic School in grantinaid. The said telegram came to be challenged by committee of management of the school in writ petition No. 13716 of 1991, which was was disposed of vide judgment dated 22.08.1991 directing A.D. (Basic) to consider and pass appropriate order on the application for bringing school in grantinaid list. Operative part of the judgment dated 22.08.1991 reads as under: "I have heard learned counsel for the parties and considered the matter. In my opinion the telegram dated 4.10.88 will not have the effect of altering or modifying the Government order dated 20.1.86. The said Government order can be withdrawn or modified by a subsequent Government order but it cannot be affected in any manner by the telegram dated 41088 which is impugned in this writ petition. Accordingly, I dispose of the writ petition finally with a direction that the petitioners' case may be considered by respondent No. 3 without being influenced by the telegram dated 4.10.88. The petitioners' application shall be considered in accordance with the Government order dated 20.1.86. The respondent No. 3 is directed to treat the telegram dated 4.10.88 as non est for the purposes of giving consideration to the application of the petitioners. The petitioners may present a certified copy of this order before respondent No. 3 who shall consider the matter and decide the same in the light of the directions given herein above, within a period of one month." (emphasis added) ;