Suneet Kumar, J. - (1.) Adarsh Inter College, Itaye, District Jaunpur, is a duly recognized intermediate institution under the grant-in-aid upto High-School. The provisions of Intermediate Education Act, 1921 (Intermediate Act) and U.P. High School and Intermediate College (Payment of Salaries of the Teachers and Other Employees) Act, 1971 (Act 1971), are applicable on the institution. On the retirement of Sri Arat Nath Singh, Assistant Teacher, L.T. Grade (Science) on 30 June 2011, and on the retirement of Srinath Singh, Assistant Teacher, L.T. Grade (Social Science) on 30 June 2014, substantive vacancy occurred. The management sent requisition for both the posts on 1 July 2011 and 17 June 2015 respectively to the office of the third respondent-District Inspector of Schools, Jaunpur (Inspector). The Selection Board did not recommend candidates, consequently, management advertised the vacancies of the aforesaid posts in daily news papers, Dainik Nispaksh Swatantra Rajvarta and Hindi Dainik Tejas on 25 June 2017. Pursuant thereof, petitioners applied. On the recommendation of Selection Committee, the Management passed resolution on 9 July 2017 issuing appointment letter to the petitioners on 10 July 2017. Petitioners, thereafter, joined their respective posts on 11 July 2017.
(2.) By the instant writ petition, petitioners seek the following reliefs: (i) Issue a writ, order or direction in suitable nature to District Inspector of Schools, Jaunpur to take necessary decision to grant approval to the appointment of petitioners as Assistant Teacher in L.T. Grade in Adarsh Inter College, Itaye, District Jaunpur. (ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents to make regular payment of salary from the date of joining i.e. 11.07.2017 in favour of the petitioners. And further not to interfere in peaceful functioning of the petitioners as an Assistant Teacher (L.T. Grade) in the said institution.
(3.) Learned Senior Counsel would submit that appointment of the petitioners have been made in terms of Section 16-E(11) of the Intermediate Act, therefore, petitioners are entitled to salary.;