VIVEK KUMAR BIRLA,J. - (1.) Heard learned counsel for the petitioners and the learned Standing Counsel appearing for the respondents. Counter and rejoinder affidavit have been exchanged and with consent of learned counsel for the parties this writ petition is being disposed of at the admission stage itself. Present writ petition has been filed seeking quashing of the impugned order dated 25.7.2011 passed by the Director of Education, respondent no. 2 and the order of the Regional Committee as contained in the letter of the Joint Director of Education, Azamgarh Region, Azamgarh filed as Annexures 4 and 2 respectively to the writ petition. A further prayer in the nature of mandamus commanding the respondent no. 4, the District Inspector of Schools, district Azamgarh to give approval to the selection of the petitioners has also been made.
(2.) The petitioner applied for the post of Lecturer in the minority institution. Assertion is that they were duly selected by the selection committee, however, approval was incorrectly refused by the District Inspector of Schools as well as Regional Level Committee. Earlier the petitioners filed Writ A No. 39888 of 2006,Smt. Shaheda Bano and another Vs. State of U.P. and others challenging the aforesaid orders dated 10.3.2006 passed by the Regional Level Committee and the order dated 17.3.2006 passed by the District Inspector of Schools, Azamgarh declining approval to the petitioners' appointment on the post of Lecturer in Madarsa Niswan Inter College, Paharpur, Azamgarh on the ground that the above selection was held illegally. The aforesaid writ petition was disposed of and the matter was remanded back with a direction to the Director, Secondary Education to look into various evidence and also examine the individual concerned, if necessary and may give his findings on these factual aspects.
(3.) Several questions were framed by the Hon'ble Single Judge of this Court. Relevant paragraphs are quoted as under: "The matter involves seriously disputed questions of fact, as to whether selection committee held any selection on 13.10.2003, whether one of the member was present therein and whether a three members selection committee was a validly constituted selection committee when it ought to have five members. ;