MANOJ KUMAR GUPTA, J. - (1.) HEARD counsel for the petitioner, learned Additional Chief Standing Counsel Sri Devendra Upadhyay on behalf of respondent no.1 and Sri Rahul Shukla on behalf of respondent no.2. With their consent, this writ petition is being disposed of finally, as the respondents state that they have already obtained instructions in the matter and do not wish to file formal counter affidavit.
(2.) THE petitioner is the Committee of Management of a recognised Junior High School receiving grant -in -aid from the State Government. The provisions of the Uttar Pradesh Junior High Schools (Payment of Salaries of Teachers and other Employees) Act, 1978 and the Uttar Pradesh Recognised Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Ministerial Staff and Group 'D' Employees) Rules, 1984 (hereinafter referred to as '1984 Rules') are applicable to it. The petitioner is aggrieved by order dated 27.9.2014 passed by District Basic Education Officer, Barabanki -respondent no.2, whereby, he had refused to accord permission to the Management to advertise two vacant Class IV posts. The reasoning given in the order is that under Government Order dated 6.1.2011 there is a ban on appointment against Class IV posts. These posts, according to respondent no.2, would automatically come to an end after the retirement of incumbents working against these posts.
(3.) LEARNED counsel for the petitioner contended that the Government Order dated 6.1.2011 has been struck down as illegal, arbitrary and violative of Articles 14 and 16 of the Constitution vide judgment dated 21.3.2012 rendered in a bunch of writ petitions, leading case being Writ Petition No.11760 of 2011 C/M Lal Babu Baijal Memorial Inter college and another Vs. State of U.P. and others. It is submitted that against the said judgment, the State preferred Special Appeal (Defective) No.1023 of 2012, which is still pending and no interim order has been passed therein. Thus, according to him, the judgment dated 21.3.2012 in the case of C/M Lal Babu Baijal Memorial Inter college is binding on respondent no.2. It is further contended that in fact District Basic Education Officer was not authorised to withhold approval for advertising the posts, as no such power is conferred in his favour under Rules 1984, which governs the appointment on Class IV posts. On the other hand, learned Additional Chief Standing Counsel and Sri Rahul Shukla appearing on behalf of the respondents contended that judgment in the case of C/M Lal Babu Baijal Memorial Inter college is applicable only in relation to the Intermediate Colleges and would not apply to the colleges governed by the Uttar Pradesh Basic Education Act, 1972. However, it is not disputed by them that the judgment rendered therein dated 21.3.2012 has not been stayed/set aside by any court. Sri Rahul Shukla further states that, infact, no permission was required by the Management from District Basic Education Officer, Barabanki for issuing the advertisement and they were only required to intimate the vacancies.;