Sangeeta Chandra, J. - (1.) This writ petition has been filed by the petitioners praying for a writ in the nature of certiorari for quashing the order dated 31.10.2012 and the order dated 11.11.2013 passed by District Inspector of Schools, Azamgarh and the Additional Director of Education, Secondary respectively. In so far as they reject the petitioners' claim for salary w.e.f. their respective dates of appointments / joining. A further prayer for a writ in the nature of mandamus commanding the respondents to ensure that appropriate orders are passed sanctioning payment of salary to the petitioner w.e.f. 7.10.2004 and to treat them as regularly appointed Assistant Teachers from the said date and to award all consequential benefits accordingly, has also been made.
(2.) The facts relevant for decision of the controversy as given in the writ petition are that Ashrafiya Inter College, District Azamgarh is a recognised and aided Intermediate College and a minority institution covered by Section 16-FF of the Intermediate Education Act, 1921.
(3.) On 17.3.2004, two Assistant Teachers of the College, namely Hari Lal Yadav and Indrajeet Pandey were promoted as Lecturers in Hindi and Sanskrit respectively. These two posts were under the 50% promotion quota. On 11.9.2004, two posts of L.T. Grade Teachers and one post of Lecturer were advertised in the newspapers and the petitioners applied for the post of Assistant Teacher in L.T. Grade and one Badruddin applied for the post of Lecturer. A Selection Committee was constituted by the Institution concerned and the petitioners were selected and recommended for the post of Assistant Teachers, and Badruddin for the post of Lecturer on 22.9.2004, and papers were sent for approval of their selection to the office of the District Inspector of Schools, Azamgarh, which were received in his office on 18.11.2004. Approval however was not granted and the petitioners along with Badruddin filed Writ Petition No. 20176 of 2005, which was disposed of on 21.3.2005 directing the District Inspector of Schools to look into the matter and pass appropriate orders.;