S.K.Singh, J. - (1.) Heard Sri S. K. Yadav, learned Advocate in support of this petition and Sri Alam, learned Standing Counsel in opposition thereof.
(2.) Prayer in this petition is for quashing the order dated 13.8.1998 (annexure No. 5) passed by the respondent No. 2 by which the request for sanction of the additional posts in the college in question was rejected. There appears to be no dispute about certain facts and, therefore, they can be summarised thus.
(3.) There is an institution in the name of Kalyankari Uchchatar Madhyamik Vidyalaya, Bharana, district Bulandshahr which was recognized as a junior high school which was included in the list of institution receiving grant-in-aid from the State Government within the purview of U. P. Junior High School (Payment of Salary to Teachers and other employees )Act, 1978. The institution is said to be granted recognition as High School in the year 1990 but the same is not receiving grant-in-aid from the State Government and is not within the purview of U.P. High School & Intermediate Colleges (Payment of Salary to Teachers and other Employees) Act, 1971. It is claimed that there existed a Government Order issued by the State Government in the year 1988 under which even in case a recognized and aided Junior High School is upgraded as High School then grant-in-aid at the Junior High School level is to continue and payments till Junior High School level is to be made from the office of Basic Shiksha Adhikari. As a consequence thereof payment of salary to the entire staff of the institution till the Junior High School level continued to be made from the office of Basic Shiksha Adhikari. It is claimed that on 13.10.1995 an order was passed by the Director of Education (Basic) U. p. whereby sanction was accorded for one additional section for class VIth and VIIth respectively (annexure No. 2 to the writ petition). As a consequence of the aforesaid total number of sections for classes VIth, VIIth and VIIIth stood increased to five sections. Subsequently by means of order dated 27.11.1995 passed by the Director of Education (Basic) U. P. one additional section was sanctioned for class VIIIth also (annexure No. 3 to the writ petition). Despite the fat that permission has been accorded from the Directorate with regard to additional section, the claim is that Directorate has not sanctioned additional posts of teachers. In view of the permission so accorded by the Directorate the management has made appointment of four additional teachers in the institution as stated in para 14 of the writ petition and all started functioning and teaching classes VIth, VIIth and VIIIth but payment of salary to the additionally appointed teachers was not made for the reason of non creation of additional posts by the Directorate. Inspite of repeated approach in this respect as nothing was done petitioner filed writ petition before this Court i.e. writ petition No. 8589 of 1997 which was decided by this Court on 16.10.1997 and respondent No. 2 was directed to decide the matter within two months upon which the impugned order dated 13.8.1998 came to be passed by which the claim for sanction of the additional post was rejected.;