Dr. Devendra Kumar Arora, J. - (1.) Heard Mr. O.P.M. Tripathi, Mr. Shishir Chandra, learned counsel for the petitioners, Mr. Neeraj Chaurasiya, learned counsel for the District Basic Education Officer, Ambedkar Nagar (opposite party No. 3) and Mr. Omkar Singh, learned counsel for the Committee of Management (opposite party No. 4).
(2.) By means of the above -captioned writ petitions under Article 226 of the Constitution of India, petitioners have prayed for issuance of writ in the nature of Mandamus directing the opposite parties No. 2 -Director, Basic Education, Uttar Pradesh and opposite party No. 3 -District Basic Education Officer, Ambedkar Nagar to create post of Assistant Teacher (Science) in Pandit Nehru Smarak, Purwa Madhyamik Vidyalaya Sarve Nikaspur, District Ambedkar Nagar, and make payment of salary in admissible grade of Assistant Teacher to the petitioners with all consequential benefits w.e.f. the date when they joined the aforesaid School on the post of Assistant Teacher (LT Grade) or in the alternative, to create posts of Assistant Teacher in the School to accommodate petitioners for the purpose of Payment of Salary.
(3.) A brief reference to the factual aspects leaving out the maize of unnecessary facts would suffice as under: Pandit Nehru Purwa Madhyamik Vidyalaya Sarvenikaspur, District Ambedkar Nagar (hereinafter referred to as the "Institution"), a recognized institution by the State Government under the provisions of Uttar Pradesh Basic Education Act, 1972, is covered under grant -in -aid scheme of the State Government w.e.f. 7.4.1980. In order to impart proper education to the students of the institution, the Committee of Management wrote various letters to the District Basic Education Officer, Ambedkar Nagar to accord permission to make appointments of the teachers in the institution but no heed was paid by the District Basic Education Officer, Ambedkar Nagar. Accordingly, the Committee of Management, after intimating the necessities of the teachers to be appointed in the institution, advertised four posts of Assistant Teachers in daily newspapers, namely, "Mourya Samrat" and "Kabeer Times" dated 5.8.2008. Thereafter, the Manager of the Institution wrote a letter to the District Basic Education Officer, informing thereby that four posts of Assistant Teachers have been advertised on 5.8.2008 through daily newspapers, namely, "Mourya Samrat" and "Kabeer Times" and selection/interview on the aforesaid post is scheduled to be held on 24.8.2008 and, therefore, it was requested to send his representative for holding selection and interview on the post in question.;