- (1.) The respondent no. 5 is the committee of management of Siddiq National Intermediate College, Pilibhit, which is a duly recognized minority institution. It is an aided Inter College governed by the provisions of the U.P. Intermediate Education Act, 1921 (hereinafter referred to as the 'Act of 1921') as well as the Regulations framed thereunder and also the U.P. High Schools and Intermediate College (Payment of Salaries of Teachers and other Employees) Act, 1971 (hereinafter referred to as the 'Act of 1971'). By virtue of Section 30 of the U.P. Secondary Education (Services Selection Boards) Act, 1982 (hereinafter referred to as the 'Act No. 5 of 1982'), the provisions of the said Act No. 5 of 1982 would not be applicable to the said institution.
(2.) The undisputed facts of this case are that there were 14 Assistant Teachers (L.T. Grade) working in the institution. According to the appellants-writ petitioners, the sanctioned strength of the Assistant Teachers (L.T. Grade) was 30, against which only 14 Teachers were working and thus there were 16 vacancies. Besides this, there was one vacancy of Lecturer in Commerce. An advertisement was issued by the respondent no. 5-Institution on 8.9.2011 for filling up one post of Lecturer and 15 posts of Assistant Teacher (L.T. Grade). Pursuant thereto, selection was held and papers pertaining to the selection of the appellants-writ petitioners were submitted in the office of District Inspector of Schools, Pilibhit on 5.12.2011 for approval. In turn, the District Inspector of Schools, Pilibhit forwarded the papers to the Regional Level Committee headed by the Joint Director of Education for its approval. The approval to the post of one Lecturer in Commerce was duly accorded by the District Inspector of Schools and the appointment on such post is not disputed in the present appeals.
(3.) The dispute in the present two appeals relates to the appointment of Assistant Teachers (L.T. Grade), for which recommendation was made and sent by the Management on 5.12.2011 for approval of the District Inspector of Schools, Pilibhit. When neither the approval was accorded by the District Inspector of Schools nor the same was rejected, the Management issued appointment letters to the selected Assistant Teachers, including 9 appellants-writ petitioners in the two writ petitions-appeals, which have been filed. When financial approval was not accorded for payment of salaries to the appellants-writ petitioners, they filed writ petitions no. 4273 of 2013 and 4275 of 2013, which have been dismissed by a common judgement dated 29.8.2013 primarily on the ground that as per the student-teacher ratio provided in the Government Order dated 20.11.1976, the number of Assistant Teaches required in the institution was only 9, whereas 14 Assistant Teachers were already working. The other ground, on which writ petitions have been dismissed, is that Regulation 20 of Chapter II of the Regulations framed under the Act of 1921 provides that where the Committee of Management does not fill up the vacant posts within three months from the date of occurrence of the vacancy, such post shall be deemed to have been surrendered and shall be not filled up unless its creation is sanctioned afresh by the Director. Aggrieved by the said judgement of the Writ Court, these two appeals have been filed.;