M.KATJU, J. - (1.) THIS special appeal has been filed against the judgment of the learned Single Judge dated 5 -2 -2003. Heard learned counsel for the parties.
(2.) BEFORE dealing with the issues involved in this appeal it is necessary to mention certain back ground facts. Adarsh Kanya Intermediate College Sikhar, Mirzapur is a School recognised under the U.P. Intermediate Education Act and is imparting education to girls only. On 30 -6 -94 the post of Head Mistress of the institution fell vacant. On 1 -7 -94 Smt. Veena Mishra senior most L.T. Grade teacher was promoted as Head Mistress on ad hoc basis. On 17 -12 -1994 the committee of management of the institution decided to fill up the short term vacancy which had occurred in L.T. Grade on account of ad hoc promotion of Smt. Veena Mishra as Head Mistress. This vacancy was advertised in two newspapers 'Aaj' and 'Dainik Jagran'. The petitioner and others applied for the post. On 21 -1 -96 the Committee of Management selected the petitioner and on 29 -1 -96 papers were sent to the Deputy Director of Education for his approval. When there was no communication from the Deputy Director of Education either approving or disapproving the appointment the Committee of Management treated it as a case of deemed approval. On 16 -2 -96 the petitioner joined duty and has been continuously working. However, no salary was paid to her. The petitioner had earlier filed Civil Misc. Writ Petition No. 18796 of 1996 which was disposed of on 13 -12 -96 with the direction that the Deputy Director of Education shall decide the matter. By his order 23 -4 -97 the Deputy Director of Education refused to accord approval to the petitioner's appointment on the ground that on the date on which the petitioner was appointed there was a ban imposed by the State Govt. Thereafter Writ Petition No. 15370 of 1997 was filed by the petitioner challenging the order dated 23 -4 -97 and the impugned judgment has been passed in this writ petition.
(3.) ON 19 -10 -2001 an interim order was passed by this Court which has been quoted in toto by the learned Single Judge in the impugned judgment. Thereafter the impugned judgment was delivered.;