- (1.) SWAMI Devanand Inter Col lege Math, Deoria through its Manager Sri Chandra Shekhar Giri, has filed the present writ petition under Art. 226 of the Constitu tion. It is prayed that the orders dated 22nd September, 1971 and 31st July, 1972, passed by the District Inspector of Schools and the order dated 4th February, 1972 passed by the Deputy Director of Education, in connection with the salary payable to Sri Jai Ram Pathak (respondent No. 3), a Sanskrit teacher of the Institution, be quashed.
(2.) ACCORDING to the allegations made in the petition the petitioner institution was established in the year 1930. On 1st August, 1946, respondent No. 3, Sri Jai Ram Pathak was appointed to teach Sanskrit to students of classes VI to VIII. However, in the year'1946, the Institution was upgraded to High School standard and was recognised as such by the Board of High School and Inter mediate Education. Subsequently, in the year 1950, the Board recognised the institution for teaching Intermediate Classes also. When hi the year 1946 the Institution was upgraded to High School standard, respondent No. 3 who had originally been appointed to teach Sans krit to students up to class VIII, was promot ed to teach Sanskrit to High School classes. In the year 1956 the U. P. Intermediate Amendment Act was passed. The procedure for making appointment for teachers in the recognised institution came to be regulated by the provisions of the Act and the Rules framed there under. These regulations laid down the minimum qualifications for various categories of teachers who could be appoint ed to teach High School and Intermediate classes. After the enforcement of the Interme diate Education Act, respondent No. 3 Sri Jai Ram Pathak was fitted in the Graduates Grade applicable to the techers appointed to teach High School classes. Sri Jai Ram Pathak was an Acharya from the Govern ment Sanskrit College Varanasi and he had not passed the Intermediate Examination. He was therefore not eligible for appointment as a Lecturer to teach Intermediate classes hi recognised Institution and to be paid salary in Lecturer's grade. When in the year 1950 the Institution was recognised for teaching Intermediate classes, very few students, offer ing Sanskrit as a subject for their Interme diate Examination, took admission in the College. In the circumstances, the manage ment of the Institution without making a formal appointment of a lecturer to teach Sanskrit to Intermediate classes, asked Sri Jai Ram Pathak to teach Sanskrit to the stu dents of the first year and second year classes (Intermediate classes) as well. Sri Pathak, thereafter continued to teach Sanskrit to both High School and Intermediate students. At no point of time he was appointed as a Lecturer for teaching Sanskrit to intermediate classes.
(3.) THE arrangement made by the institution continued till the year 1972-73 when the number of students offering Sanskrit in In termediate classes, went up and then one Sri Ramji Tiwari, who was double M. A. in English and Sanskrit and was already work ing as a Lecturer in the College, was asked to take Sanskrit Classes of the Intermediate section (classes XI and XII) as well. It appears that respondent No. 3, Sri Jai Ram Pathak, sent some representation to the Dis trict Inspector of Schools claiming that as he had been teaching Sanskrit to the students of Intermediate classes, he should be given pay in the grade admissible to lecturers of the intermediate Classes (lecturers grade). The District Inspector of Schools Deoria, by hi? letter dated 17th August, 1970, asked the peti tioner to send its comments on the represen tation made by Mr. Pathak. However on 5th July, 1971, the petitioner institution put in an advertisement, inviting applications for the post of Lecturer in Sanskrit, for teaching Intermediate classes. Thereupon the District Inspector of Schools wrote to the petitioner directing it not to appoint Sanskrit lecture as per advertisement dated 5th July, 1971. On receipt of that letter, the petitioner Institu tion dropped the idea of appointing a lecturer in Sanskrit.;