- (1.) IN all these writ petitions, facts and questions of law are similar and interconnected, therefore, as requested by learned counsel for the parties, they have been heard together and are being decided by this common judgment.
(2.) THE writ petition No.3324 of 2013 (hereinafter referred to as "first petition") has come up at the instance of Aditya Pratap Singh, who has assailed order dated 23.03.2013 passed by District Inspector of Schools, Raebareilly (hereinafter referred to as "DIOS") directing Manager, Janpad Inter College, Harchandpur, Raebareilly (hereinafter referred to as "College") to make appointment of Km. Vaishali Pathak, daughter of Late Nagendra Kumar Pathak, respondent no.7 and Sri Rishi Kumar Mishra, Son of Late Vishnu Prakash Mishra respondent no.8 on compassionate basis and not to seek approval of appointment of petitioner Aditya Pratap Singh and Shivam Singh, whose proposal sent to DIOS. It is also stated therein that Aditya Pratap Singh is the son of Sri Vijay Pratap Singh, who is the Deputy Manager of the Committee of Management of the College.
(3.) THE College is a secondary educational institution recognized by U.P. High School and Intermediate Education Board (hereinafter referred to as "Board") imparting education upto intermediate classes and is governed by U.P. Intermediate Education Act, 1921 (hereinafter referred to as "Act, 1921"). For the purposes of payment of salary, being in grant -in -aid, the College is governed by Uttar Pradesh High Schools and Intermediate Colleges (Payment of Salaries of Teachers and Other Employees) Act, 1971 (hereinafter referred to as "Act, 1971") and for the purpose of recruitment of teaching staff of the College, it is governed by the provisions of Uttar Pradesh Secondary Education Services Selection Board Act, 1982 (hereinafter referred to as "Act, 1982"). One Kanhaiya Lal Maurya, Head Clerk, attained the age of superannuation and retired on 31.7.2010 causing a Class III ministerial vacancy in the College. One Sri Surya Narayan Tripathi was promoted in the above vacancy on the post of Head Clerk. The aforesaid promotion was approved by DIOS vide order dated 14.12.2010. Sri Surya Narayan Tripathi, Head Clerk, also retired on attaining the age of superannuation on 31.03.2011. Thereupon one Ranvijay Singh, Assistant Clerk, was promoted as Head Clerk. The promotion of Ranvijay Singh was also approved by DIOS vide order dated 28.04.2011 w.e.f. 01.4.2011.;