- (1.) Heard learned counsel for the parties.
(2.) All these writ petitions involve same issue relating to the entitlement of the Committee of Management to make appointment of teachers against substantive vacancies and the consequential entitlement of such teachers to salary from the State-Exchequer.
(3.) In all these writ petitions, the petitioners have been appointed by the Management Committee of the educational institution which are recognized and allegedly aided by the State. The claim of the petitioners herein is that in the absence of a regularly selected candidate the teaching in the institution could not be allowed to suffer, therefore, in these compelling circumstances the Managing Committee proceeded to make appointments on ad-hoc temporary basis against sanctioned post. They have placed reliance on the judgment of Rakesh Chandra Misra vs. State of U.P. and others, 2004 3 UPLBEC 2671 as upheld in the case of Daya Shanker Mishra vs. District Inspector of Schools and others, 2010 28 LCD 1375 on the applicability of Section 16-E(11). They have claimed that the appointments are referable to the said provision and therefore, they are entitled to the payment of salary from the State-Exchequer.;