- (1.) U.P. Junior High School Shikshak Sangh is a registered Society and the teachers of the Junior High Schools are its members.
(2.) By means of this writ petition, this society has challenged the amendment in Uttar Pradesh Basic Education Teachers Service Rules, 1981 by Uttar Pradesh Education Teachers Service (Vth Amendment) Rules, 1993. During the pendency of the writ, U.P. Prathmik Shikshak Sangh has also got itself impleaded. It is the Association of Primary Junior Basic Schools Teachers and of teachers of Junior High Schools of the State of U.P. Basic Education (Teachers) Service Rules, 1981 (hereinafter referred to as the 'Rules') governed the conditions of service of teachers employed in the Basic Schools run and managed by the Board i.e. The U.P. Board of Basic Education popularly known as U.P. Basic Shiksha Parishad. The petitioner has mainly challenged the amendment in Rule 8(3) of the Rules. Rule 8(3) as existed before 1993 Amendment provided that the post of Head Master of the Junior Basic Schools (Primary School) imparting education for Class 1 to Vth shall be filled up from amongst the Assistant Teachers of such schools, the post of Assistant Teachers of Senior Basic School (Junior High School) imparting education from Class VIth to VIII shall be filled up from amongst the Head Master of the Junior Basic Schools (Primary Schools) and the post of Head Master of Senior Basic Schools (Junior High Schools) shall be filled up by Assistant Teachers of Junior High School. After the Vth Amendment in the Service Rules, Rule 8(3) has been amended as follows : "8(3). The minimum experience of candidates for promotion to a post referred to in clause (b) of Rule 5 shall be as shown against each :- Post Experience i) Headmistress of Nursery School At least five years' teaching experience as permanent Mistress of Nursery School. ii)Head Master or Head Mistress of Junior Basic School and Assistant Master or Assistant Mistress of Senior Basic School At least five years' teaching experience as permanent Assistant Master of Junior Basic School. iii) Head Master or Head Mistress of Senior Basic School At least three years' experience as permanent Head Master or Head-mistress of Junior Basic School or Assistant Masters or Assistant Mistress of Senior Basic School as the case may be.
(3.) Now the post Head Master of Senior Basic School (Junior High School) shall be filled up from the Head Master having three years experience as permanent Head Master of Junior Basic School or permanent Assistant Master of Senior Basic School. It means that the Head Master having three years experience as Head Master of Basic Schools and Assistant Master of Senior Basic School (Junior High School) both jointly formed the feeding cadre for the post of Head Master in Junior High School.;