Manoj Misra, J. - (1.) - The Management of an institution named Ram Parshad Shastri Inter College, Amrauna, Mehnauna, District Basti has filed this petition challenging an order dated 16.08.2016 passed by the Joint Director of Education, Basti Region, Basti by which he has recalled his earlier order dated 14.06.2016 and has restored the order dated 31.05.2016 passed by the District Inspector of Schools, Basti.
(2.) In nutshell the facts giving rise to this petition are that an institution by the name and style of Shastri Smarak Junior High School, Mehnauna, District Basti was established by a Society named Ram Parshad Shastri Uchchatar Madhyamik Vidyalaya Samiti which was registered under the Societies Registration Act. The aforesaid institution was granted recognition as a Junior High School in the year 1974 and, thereafter, was brought on grant-in-aid in the year 1983. Salaries of the teaching and non-teaching staff of the institution were paid under the U.P. Junior High Schools (Payment of Salaries of Teachers and Other Employees) Act, 1978 (hereinafter referred to as the Act, 1978). Subsequently, the institution was upgraded as a High School in the year 1986 and, thereafter, in the year 2006 was accorded recognition, under Section 7-A of the U.P. Intermediate Education Act, 1921 (hereinafter referred to as the Act, 1921), to hold examination up to intermediate level with effect from 2008. The terms and conditions of recognition to hold higher intermediate level classes are contained in a letter dated 04.10.2006 which has been brought on record as Annexure No.1 to the writ petition. One of the conditions for according aforesaid recognition was that the Management shall appoint an eligible person as Principal of the Institution. The initial recognition up to high school level and the subsequent permission to take higher classes up to intermediate level were both Vitta Vihin (without aid). The salary of the staff of the institution up to the junior high school level continued to be paid under Act, 1978, as per the Section 13-A of the Act, 1978. Controversy arose on retirement of one Ratan Mohan Mishra on 30.06.2015 who was the Headmaster of the upgraded institution as per Regulation 2(2) of Chapter II of the Regulations framed under the Act, 1921 and was, therefore, acting as Principal of the institution. On his retirement, the dispute was as to who should be appointed an officiating principal of the institution, inasmuch as, there were competing claims. On the one side there were teachers who were in the junior section but drawing salary from State aid and on the other there were teachers who were appointed for the higher secondary section but not getting salary from State aid.
(3.) In the above backdrop, the Management of the Institution proposed the name of one Pankaj Kumar, who was seemingly the senior most teacher at the intermediate level though not drawing salary from state aid, as Principal of the Institution and forwarded the papers to the District Inspector of Schools, Basti for according approval. The District Inspector of Schools, Basti, by order dated 27.01.2016, attested the signature of Pankaj Kumar as Officiating Principal. In the meantime, there was a seniority dispute in between Raj Dhari Pal (respondent no.4) and one Pashupati Nath, who were both teachers in the junior section of the Institution. The seniority dispute came to be adjudicated by the Joint Director of Education, Basti Region, Basti by order dated 31.03.2016, whereby, the Joint Director held Raj Dhari Pal to be senior and requested the Management to appoint a Principal for the institution. Placing reliance on the order dated 31.03.2016, the District Inspector of Schools, Basti took opinion of the DGC (Civil) and passed an order dated 31.05.2016 thereby taking a view that since Raj Dhari Pal (respondent no.4) was the senior most Assistant Teacher of the Institution drawing salary from the State Fund, he was entitled to be appointed as Headmaster/ Principal of the Institution and, accordingly, the earlier signature attestation order dated 27.01.2016, attesting the signature of Pankaj Kumar as Officiating Principal, was put in abeyance. The Joint Director of Education, however, took exception to the order dated 31.05.2016. As a result, by his order dated 14.06.2016 he set aside the order dated 31.05.2016. Subsequently, by the impugned order dated 16th August, 2016, he recalled the order dated 14.06.2016 and restored the order dated 31.05.2016 passed by the District Inspector of Schools. Assailing the order dated 16.08.2016 the present petition has been filed by the management. In nutshell the legal question involved in this petition is whether in an institution, which has been upgraded as an intermediate college without state aid, the appointment of Officiating Principal is necessarily to be made from teacher receiving salary from state aid or it has to be made as per the provisions of U.P. Secondary Education Services Selection Board Act, 1982 (hereinafter referred to as U.P. Act No.5 of 1982) read with the provisions of Act, 1921 and the regulations framed thereunder.;