D. P. Singh, J. - (1.) Heard counsel for the petitioners, learned Standing Counsel for respondent nos. 1 to 5 and the counsel for the respondent no. 6.
(2.) Shaheed Junior High School, Salempur, Ballia (here-in-after referred to as the Institution) is a duly recognized institution under the Basic Education Act and the Service conditions of its teachers are governed by U.P. Recognized Basic Schools (Junior High Schools) (Recruitment & Conditions of Service of Teachers) Rules, 1978 while the service condition of the employees is governed by Uttar Pradesh Manyataprapta Basic School (Junior High School) Lipik Varg Karmchariyon and Samuh 'Gha' Key Karmchariyon Ki Bharti and Sewa Ki Sharte Niyamawali, 1984 (here-in-after referred to as 1978 and 1984 Rules respectively).
(3.) It is pleaded that three posts of Assistant Teachers fell vacant on the resignation of the incumbents namely Sri Lallan Chaudhary, Sri Munni Lal Gupta and Sri Shree Ram Upadhayay and one post of clerk fell vacant on the resignation of Suresh Yadav in the institution which was allegedly accepted by the Committee of Management and due information was tendered to the Basic Education Officer, Ballia. In view of 1978 and 1984 Rules, the Committee sought permission from the Basic Education Officer through letters dated 16.8.1990 and 11.4.1991 to fill up the aforesaid vacancies. The Basic Education Officer granted permission vide his orders dated 17.8.1990 and 15.4.1991 respectively. It is further pleaded that in pursuance thereof an advertisement was made inviting applications for filling up the aforesaid posts in two newspapers 'Ka" on 21.8.1990 and in "Anant Varta" whereafter on the request of the Management, the Basic Education Officer deputed the Sub District Inspector of Schools to participate in the said selection vide his letter dated 5.9.1990 and 11.5.1991. After the petitioners were selected on the respective posts the Committee of Management issued appointment letters dated 14.9.1990 and 14.5.1991 to the petitioners where-after they started functioning. It is also pleaded that the entire record was submitted to the Basic Education Officer for his approval, who granted approval on 13.11.1990 and 22.7.1991.;