- (1.) THE Kisan Rashtriya Junior High School Gohanna, District Ambedkarnagar/Faizabad is a Junior High School recognized and under the grant -in -aid. The provisions of U.P. Recognized Basic Schools (Junior High Schools Recruitment and Condition of Service) Rules 1978 are applicable for appointment and other service conditions of assistant teachers.
(2.) THE Committee of Management published an advertisement on 22.12.1995 in local newspaper for appointment of two assistant teachers. The petitioners along with others applied and the Selection Committee recommended the petitioners for appointment on the post of assistant teachers on 13.1.1995. The District Basic Education Officer Faizabad (herein after referred to as BSA) vide orders dated 12.12.1995 granted approval to the petitioners and accordingly appointment letters was issued by the Committee of Management and on 13.12.1995 the petitioners resumed their duties and are working since then.
(3.) THE Committee of Management has filed counter affidavit and they support the petitioners' case and further, it has been stated, that on 7.12.1988 two additional sections in Class VI and VII was permitted by the B.S.A. and the strength for assistant teachers, on account of additional sections, was enhanced from 5 to 7 as the criteria for teacher per section is 1.5 teachers. The petitioner was appointed in anticipation of approval of the additional posts. The BSA has filed counter affidavit and does not dispute the factual matrix, however, states that the appointment of the petitioner was against sanctioned post and no additional teachers was sanctioned for the additional sections of Class VI and VII. The appointments are not against sanctioned post and hence the State is not liable to bear their salary, it is open for the petitioners to claim the salary from the Committee of Management. It is further stated that the Institution came in grant -in -aid on 1.4.1996 and the names of the petitioners was not included in the Manager Report (MR). Approval of five assistant teachers was accordingly granted.;