SANGEETA CHANDRA,J. - (1.) This writ petition has been filed by the petitioner challenging the order dated 29.03.2014 passed by the District Basic Education Officer, Maharajganj rejecting the case for approval of the petitioner's selection as teacher in Siddharth Poorva Madhyamik Vidyalaya, Pipra Rasoolpur, Maharajganj (hereinafter referred to as "Junior High School"). The Junior High School aforesaid is a recognized institution under the Basic Education Act and the U.P. Recognized Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Teachers) Rules, 1978 are applicable to the said institution as also the U.P. Junior High School Payment of Salary of Teachers and Other Employees Act, 1978.
(2.) The Junior High School was taken under the grant-in-aid list for the payment of salary to its teaching and non-teaching staff with effect from 01.01.2001. Salaries of one Headmaster, six Assistant Teachers, three peons and one clerk were released by the Assistant Director of Basic Education. Aggrieved against the said order the Committee of Management of the Junior High School filed a Writ Petition No. 13960 of 2001 (Committee of Management v. State of U.P. and others) claiming entitlement for payment of salary to eight other Teachers in view of the sanctioned classes and strength of students. This writ petition was disposed of by this Court on 11.03.2011.
(3.) The Secretary (Basic Education) in compliance of the orders passed by this Court considered the claim of Junior High Schools and admitted that in Class - VI, VII and VIIIth there were a total of nine Sections and therefore, 14 Teacher would be said to be entitled for payment of salary. As against this, only six Teacher were being paid salary. Eight other Teacher were entitled to be paid salary from the State Exchequer. However, the Secretary (Basic Education) also found in his order dated 27.07.2011 that the eight Teachers already said to be working in the Junior High School did not possess the minimum eligibility qualification as per the Rules of 1978 and were not liable to be retained in service.;