B. D. Agrawal, J. - (1.) THIS group of petitions under Article 226 of the Constitution gives rise to common issues.
(2.) THE short question is whether even though the services of the teachers appointed by the Management under section 18 of the U. P. Secondary Education Services Commission and Selection Board Act, 1982 (U. P. Act 5 of 1982) or the U. P. Secondary Education Services Commission (Removal of Difficulties) Orders framed thereunder have not been otherwise duly terminated and there is no candidate recommended for appointment by the U. P. Secondary Education Services Commission or selected by Regional Selection Board, the teachers concerned may not continue on ad hoc basis beyond June 30, 1986. THE petitioners are teachers placed in the Lecturers' grade, L. T. grade or C. T. grade in educational institutions recognised under the Intermediate Education Act, 1921. THE management appointed them in exercise of powers under section 18 of the Act or the Removal of Difficulties Orders made from time to time. For purposes of the payment of salary which in view of section 10 (1) of the U. P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971 (U. P. Act 24 of 1971) is the liability of the State Government, the respective District Inspector of Schools/Regional Inspectress of Girls' Schools, as the case may be, accorded approval to the appointment made was within the sanctioned strength and dispute does not exist in regard to the qualifications requisite being possessed by the candidates. THE Inspectorate has, however, declined approval for the period subsequent to June 30, 1986 under the impression presumably that section 18 (3) (c) of the Act does not permit it. With the result the petitioners would cease and not be eligible to salary either beyond the stipulated date. Aggrieved, they have approached this Court. The Uttar Pradesh Secondary Education Services Commission and Selection Board Act, 1982 (U. P. Act 5 of 1982) was enacted inter alia with the following object. The Uttar Pradesh Secondary Education Services Commission and Selection Board Act, 1982 U. P. Act : " 8. The appointment of teachers in secondary institutions recognised by the Board of High School and Intermediate Education was governed by the Intermediate Education Act, 1921 and regulations made thereunder. It was felt that the selection of teachers under the provisions of the said Act and the regulations was sometimes not free and fair. Besides, the field of selection was also very much restricted. This adversely effected the availability of suitable teachers and the standard of education. It was therefore, considered necessary to constitute Secondary Education Services Commission at the State level, to select Principals, Lecturers, Head-masters and L. T. Grade teachers, and Secondary Education Selection Board at the Regional level to select and make available suitable candidates for comparatively lower posts in C. T./J. T. C./S. T. C. grades for such institutions. "
(3.) THE Act came into force on July 14, 1981. Under the scheme of the Act, the appointment of the Principal of an Intermediate College, Lecturer of an Intermediate College, Head-master of a High School, trained grade teachers of Higher Secondary Schools, cannot be made except on the recommendation of the U. P. Secondary Education Services Commission (hereinafter referred to as the 'Commission'). Likewise the appointment of a teacher of categories other than the above mentioned such as a teacher in the C. T. grade can be made by the Management only on the recommendation of the Secondary Education Selection Board (for short, the Board) vide section 16. The Commission established by the State Government is to comprise of persons of eminence in the field of education, judicial Services or the State Education Services (Section 4). Among its powers and duties is included " to make recommendation regarding the appointment of selected candidates and their promotion. " Section 9 (d). To carry this out the Commission is enjoined- " 9 g. (a) to prepare guidelines on matters relating to the method of recruitment and promotion of such categories of teachers as are specified in the Schedule ; (b) to conduct examinations where considered necessary, hold interviews and make selection of candidates for being appointed as such teachers ; (c) to select and invite experts and to appoint examiners for the purposes specified in clause (b) ;;