Sunil Ambwani, J. - (1.) -The petitioner has prayed for quashing the entire selection proceedings, including select list prepared after interviews held on 6.7.2003 for appointment to the post of Assistant Lady Teacher in Other Backward Classes category in Sri Chandra Gupta Mahila Vidyalaya Junior High School, Roshanganj, District Shahjahanpur, and for restraining respondent Nos. 2 to 4 to issue appointment letter to respondent No. 5.
(2.) BRIEF facts giving rise to this writ petition are that Sri Chandra Gupta Mahila Vidyalaya Junior High School, Roshanganj, District Shahjahanpur is a recognised and aided Junior High School. The appointment and other service conditions of the teachers of the institution are regulated by the provisions of U. P. Recognised Basic Schools (Junior High Schools) Rules, 1978 (in short the Rules of 1978). Rule 4 provides that the minimum qualification for the post of Assistant Teacher shall be Intermediate examination by the Board of High School and Intermediate Education, U. P. or equivalent examination, (with Hindi and Teachers' Training Course recognized by the State Government or by the Board as such Hindustani Teachers' Certificate, Junior Teaching Certificate, Basic Teaching Certificate or Certificate of Training). Rules 5 and 6 provide for eligibility and disqualification. Rule 7 provides for advertisement of vacancies to be made in daily newspaper giving particulars as name of the posts, minimum qualification and age limit and the last date of receipt of applications. Rule 9 provides for Selection Committee. For appointment of Assistant Teachers in the institution other than minority institution, the Management is required to constitute a Selection Committee. The Committee shall include the Manager, Head Master of the recognised school in which the appointment is to be made, and a nominee of the District Basic Education Officer. The procedure for selection is provided in Rule 10. The relevant provision of the procedure for selection provided in Rule 10 is quoted as below : "10. Procedure of selection.-(1) The Selection Committee shall, after interviewing such candidates as appear before it on a date to be fixed by it in his behalf, of which due intimation shall be given to all the candidates, prepare a list containing as far as possible the names, in order of preference, of three candidates found to be suitable for appointment. (2) The list prepared under clause (1) shall also contain particulars regarding the date of birth, academic qualifications and teaching experience of the candidates and shall be signed by all the members of the Selection Committee. (3) The Selection Committee shall, as soon as possible, forward such list, together with the minutes of the proceedings of the Committee to the management. (4) The Manager shall within one week from the date of receipt of the papers under clause (3) send a copy of the list to the District Basic Education Officer. (5) (i) If the District Basic Education Officer is satisfied that : (a) the candidates recom-mended by the Selection Committee possess the minimum qualifications prescribed for the post ; (b) the procedure laid down in these rules for the selection of Headmaster or Assistant Teacher, as the case may be, has been followed, he shall accord approval to the recommendations made by the Selection Committee and shall communicate his decision to the management within two weeks from the date of receipt of the papers under clause (4). (ii) If the District Basic Education Officer is not satisfied as aforesaid, he shall return the papers to the management with the direction that the matter shall be reconsidered by the Selection Committee. (iii) If the District Basic Education Officer does not communicate his decision within one month from the date of receipt of the papers under clause (4), shall be deemed to have accorded approval to the recommendations made by the Selection Committee." The Committee of Management of the school published advertisement in daily news paper "Amar Ujala" on 18.5.2003 to fill up the backlog vacancies of Lady Assistant Teacher. One of the vacancies each was reserved for Other Backward Classes and Scheduled Caste respectively. The petitioner belongs to Other Backward Classes. Her educational qualification given in para 5 of the writ petition detailed as below : Sl.No. Name of Examination Marks secured Percentage 1. High School 399 66.67% 2. Intermediate 321 64.2% 3. B.Sc. 869 64.4% 4. M.Sc. (Mathematics) 481 48.1% 5. B.Ed. Second in Teach-ing and First in Practical Teaching 6. Specialisation in Educational Computing. The Selection Committee consisting of Sri Brijesh Chandra Saxena, Manager of the school, Smt. Sushila Rajpoot, Principal of the school and Sri Om Prakash Sharma, Nagar Shiksha Adhikari as departmental representative met and interviewed 20 eligible and qualified candidates on 6.7.2003. Out of these 20 candidates 4 were absent. The Committee decided to award 80 marks for educational qualifications, 20 marks for teaching qualifications and 30 marks for interview. The committee awarded 104 marks to the petitioner and 105 marks to Smt. Mona Rastogi respondent No. 5 and selected Smt. Mona Rastogi for the post and made recommendations to the District Basic Education Officer. Respondent No. 5 was appointed on 8.9.2003 and her appointment was approved on 18.9.2003 along with Smt. Sushila Bhartiya, in the Scheduled Caste category. The approval letter discloses the qualification of respondent No. 5 as B.A./B.Ed.
(3.) AN impleadment application to implead Smt. Sushila Rastogi and Sri Brijesh Chandra Saxena, Head Mistress and Manager of the school was allowed on 9.9.2003. On the same date notices were issued, in pursuance of which, a counter-affidavit has been filed by Sri Ashwani Kumar Rastogi, husband and pairokar of respondent No. 5. Shri Shabad Ali, Principal of the school and Manager have also filed their counter-affidavits through their counsel Sri B. B. Jauhari and Sri Subodh Kumar. Heard Sri S. K. Shukla for petitioner, Sri Shadab Ali for respondent No. 5, Sri B. B. Jauhari for respondent Nos. 4 and 6 and Sri Subodh Kumar for respondent No. 7 as well as learned standing counsel.;