- (1.) SUDHIR Agarwal-Both these writ petitions have been filed by the same petitioner Smt. Shail Kumari Singh and involve common questions of law and fact, hence, as requested and agreed by learned counsel for the parties, have been heard together and are being decided by this common judgment.
(2.) WRIT Petition No. 21119 of 2004 (hereinafter referred to as the 'first petition') has been filed assailing the order dated 21.2.2004, issued by District Basic Education Officer, Jaunpur (hereinafter referred to as "the B.S.A.") granting approval to the appointment of respondent No. 6, Sudhir Kumar Singh as Head Master of Sangram Balika Vidyalaya, Sarokhanpur, Badlapur, district Jaunpur (hereinafter referred to as "the institution") as also the appointment letter dated 23.2.2004, issued by Committee of Management of the institution to respondent No. 6 pursuant to approval granted by the B.S.A. She has also sought a writ of mandamus commanding the respondents not to interfere in her functioning as Headmistress of the institution till a regularly selected candidate recommended by the U. P. Secondary Education Services Selection Board (hereinafter referred to as "the Selection Board") joins the post. She has further sought a writ of mandamus commanding the respondents not to allow respondent No. 6 to work as Headmaster of the institution pursuant to approval order dated 21.2.2004 and appointment letter dated 23.2.2004. Writ Petition No. 35532 of 2004 (hereinafter referred to as "the second writ petition") has been preferred by the petitioner challenging the order dated 2.7.2004 of B.S.A. whereby he has countersigned the signatures of respondent No. 6, Smt. Usha Singh as officiating Principal of the institution. The petitioner has also sought a mandamus commanding respondents not to interfere with the functioning of the petitioner as Headmistress of the institution. Brief facts relevant to adjudication of the dispute giving rise to both these petitions are that the institution is a duly recognized Junior High School. Initial recognition was granted by the Regional Girls Inspctress of Schools, Varanasi vide order dated 4.1.1982, a copy whereof has been placed on record as Annexure-1 to the first writ petition. The institution is also recognized by the Board of Basic Education under the provisions of Basic Education Act, 1972 (hereinafter referred to as "1972 Act") and is also getting financial aid. Salary is being paid to the staff of the institution in accordance with the provisions of Junior High Schools (Payment of Salaries of Teachers and other Employees) Act, 1978 (hereinafter referred to as "1978 Act"). 1978 Act, made applicable to the institution in 1983. It appears that in 1992, the institution applied for recognition to run classes upto High School in certain subjects, namely, Literature with compulsory subjects, e.g., Hindi, English, Sanskrit, Home Science, Science-I, Social Science, Moral, Physical, Sociological and other productive works, and in the optional subject of Geography. The recognition was granted by the Board of High School and Intermediate Education, U. P., Allahabad (hereinafter referred to as 'the Board') vide letter dated 19.6.1992 issued by the Additional Secretary, Secondary Education Board, Regional Office, Varanasi, subject to certain conditions contained in the said letter. A copy of the said letter is on record as Annexure-2 of first writ petition, which shows that recognition was granted under Section 7A (a) of U. P. Intermediate Education Act, 1921 (hereinafter referred to as 1921 Act). Besides other, the said letter required the institution to obtain permission from the District Inspector of Schools/ Regional Inspectress of Schools for running IX class within two years and to make all arrangements for imparting education as per standards and norms laid down by the State Government. Vide conditions No. 4, 5 and 6 which are relevant for the present case, it provided, as under : "(4) Is Patra Me Ankit Vishayon Ke Adhyapanarth Parishad Dwara Nirdharit Nyuntam Yogyataon Se Vibhushit Adhyapikaon Ki Niyukti Niyamanusar Ki Jaye Tatha Aprashikshit Adhyapikaon Ke Sthan Par Prashikshit Evam Yogya Adhyapikaon Ki Niyukti Ki Jaye. (5) Niyamanusar Ek Yogya Pradhanacharya Ki Niyukti Ki Jaye. (6) Naveen Kachhayen Sanchalit Karne Samast Vyaya Sansthadhikari Svayameva Vahan Karen" English version. "(4) For teaching the subjects enumerated in this letter, lady teachers possessing minimum prescribed qualifications be appointed by the Board according to Rules and untrained lady teachers be substituted by trained lady teachers. (5) A competent Principal (lady) be appointed as per rules. (6) All expenditure relating to running new classes shall be borne out by the institution itself."
(3.) THUS, the institution was required to appoint teachers fulfilling requisite qualifications as prescribed by the Board to appoint a competent Principal and to bear the requisite expenses for running new classes from its own resources. As required vide condition No. 2 of the letter dated 17.6.1992, the institution obtained permission from the Regional Inspectress of Girls School, Varanasi for running High School (Literary Group-IX Class) vide letter dated 14.8.1992. It appears that despite upgradation of the institution and permission to run High School classes in 1992, it did not get a Principal appointed for upgraded High School level and continued to have a Headmistress appointed in respect of Junior High School who was continued to be paid salary under 1978 Act by the State Government even after 1992. One Smt. Sharda Singh, it appears continued to work as Headmistress of the institution and died on 28.1.2004 after having undergone serious illness, the petitioner was assigned the charge of Headmistress of the institution on 12.1.2004. During the period Smt. Sharda Singh, Headmistress was absent and had been on medical leave, and after her death on 28.1.2004, the petitioner continued to discharge duties as Headmistress of the institution. There appears to be some dispute with respect to the committee of management which may not be of much relevance for the points in issue involved in both these petitions and only this much would be sufficient to mention that the committee of management of the institution after death of Smt. Sharda Singh, Headmistress of the institution, advertised the vacancy of Headmaster on 4.2.2004 in daily newspaper, "Tarun Mitra" and thereafter selected Sudhir Kumar Singh, (respondent No. 6 in the first writ petition) for the post of Headmaster and sought approval of B.S.A. which was granted by him vide letter dated 21.2.2004 (Annexure-10 to the first writ petition), pursuant whereto the committee of management issued appointment letter dated 23.2.2004 (Annexure-11 to the first writ petition), appointing respondent No. 6 Sri Sudhir Kumar Singh as Headmaster of the institution. Aggrieved by the said two orders, the petitioner filed the first writ petition. After hearing learned counsel for the parties, this Court passed an interim order on 28.5.2004 to the following affect : "Having regard to the facts and circumstances of the case, the selection, appointment and approval of respondent No. 6 as Headmaster of the Sangram Balika Vidyalaya, Sarokhanpur, Badlapur, district Jaunpur shall remain stayed. He shall not be allowed to work in the institution and paid salary until the decision of the case.";