K.N. Goyal, J. - (1.) THESE four writ petitions arise in the following circumstances.
(2.) THE City Montessori Schools is a Society registered under the Societies Registration Act. It has been running a chain of schools in the city of Lucknow. Some of the schools are High Schools and some others are Junior High Schools. The Society has been making appointments of teachers to these schools without following the procedure laid down in the Intermediate Education Act or in the Rules made under the Basic Education Act, as the case may be. The society has been making appointments under special contract under which the services of even a confirmed teacher are terminable on three months pay in lieu of notice. Purporting to exercise the powers under this contract the Society has terminated the services of some of its teachers. So far as teachers of High Schools are concerned the District Inspector of Schools and so far as teachers of Junior High Schools are concerned the Zila Basic Shiksha Adhikari has passed orders holding the termination order invalid and ineffective and further directing the management to re -instate the teachers. Aggrieved by these orders the Society has filed writ petition No. 1 of 1983 which relates to the teachers of High Schools and writ petition No. 784 of 1983 relating to teachers of Junior High Schools. Apart from these petitions the Society had earlier filed writ petition No. 289 of 1983 against the show cause notice issued to it by the Zila Basic Shiksha Adhikari. That writ petition has undisputedly become infructuous inasmuch as the show cause notice has since been followed by the aforesaid orders of the Zila Basic Shiksha Adhikari which are the subject matter of writ petition No. 784 of 1983. Writ petition No. 1427 of 1983 has been filed by some private parties praying for a writ in the nature of quo -warranto against those very teachers in whose favour orders have been passed by the District Inspector of Schools and Zila Basic Shiksha Adhikari respectively. In this writ petition it has been contended that their appointments were invalid in view of the fact that they had been made in contravention of statutory provisions contained in the Intermediate Education Act and in the rules made under the Basic Education Act respectively and as such the said teachers have no right to hold the office of teachers. All the three writ petitions have been contested by the State authorities as well as by the teachers concerned. The U.P. Madhyamic Shikshak Sangh which claims itself to be representative body of teachers of the Secondary Schools of the State has also been allowed to intervene in order to make its submissions against the maintainability of the Petitioners. Likewise a large number of other teachers who are still serving the institution have been allowed to intervene and on another application a large number of guardians of the students studying in these institutions have been allowed to intervene, both these bodies of teachers and guardians supporting the position of the management .
(3.) WE have heard learned Counsel for the parties at some length.;