Ashwani Kumar Mishra - (1.) - This Bunch of petitions have been heard together and are being disposed of by this common judgment. Dispute in the present petitions relate to appointment on the post of head master and Assistant Teacher in Arts and Science in Krishna Junior High School Umarda, District Kannauj, which is a recognized and aided institution, imparting education upto Junior High School level. Appointment to the posts in question are governed by the provisions of the 'Uttar Pradesh Recognised Basic Schools ( Junior High Schools) Recruitment and Conditions of Service of Teachers, Rules, 1978' (hereinafter referred to as '1978 Rules').
(2.) Substantive vacancies were caused on the post in question due to superannuation of earlier teachers/ head master. An application was moved before the District Basic Education Officer, Kannauj, on 26.3.2016 seeking permission to advertise the posts. This letter is stated to have been sent under the signature of manager of the institution. The District Basic Education Officer, Kannauj on 28.3.2016 proceeded to grant permission to the institution to publish the advertisement in two widely circulated Hindi news papers, one of which was to be of state level while other had to be of regional level. The letter further stated that the provisions of 1978 Rules would be scruplessly followed. It is asserted by the management that it proceeded to issue advertisement in two news papers, one of which was 'Amar Ujala,' in its State level edition published from Kanpur on 30.3.2016, and the other being in news paper 'Hindustan', published in Farrukhabad-Mainpuri edition of the same date.
(3.) Pursuant to such advertisement proceedings for selection were conducted on 20.6.2016. Against the advertised post of Head Master, four applications were received against which three candidates appeared for interview. Against the two posts of Assistant Teachers in Art and Science six applications were received and on the basis of the quality point marks selections are stated to have been made. On the post of Head Master one Jitendra Kumar Singh was selected, while against the post of Assistant Teacher in Science category one Satya Prakash was selected. The post of Assistant Teacher in Art was filled by recruiting Smt. Maya Devi. Papers thereafter were submitted to the District Basic Education Officer, Kannauj for grant of approval. It appears that no decision was taken by the District Basic Education Officer, Kannauj, and as such, Jitendra Kumar Singh filed Writ Petition No. 10577 of 2017, wherein direction was issued by this Court on 8.3.2017 to the District Basic Education Officer to take a decision, in accordance with law. Similarly Smt. Maya Devi filed Writ petition No. 11742 of 2017 wherein also a direction was issued by this Court on 22.7.2017, for her representation to be considered within 2 months. Satya Prakash Singh also filed Writ Petition No. 11743 of 2017, which was disposed of on 22.3.2017 by similar orders. It appears that these orders were not complied with and consequently 3 contempt petitions came to be filed before this Court all of which were disposed of on 31.5.2017 granting a further opportunity to the the District Basic Education Officer to comply with the orders within 6 weeks. It is pursuant to such directions that the District Basic Education Officer has passed an order dated 7.7.2017 granting approval to the appointment of Assistant Teacher in Arts & Science. By the same order claim of appointment of head master has been rejected on the ground that father of selected head master Jitendra Kumar Singh was functioning as incharge head master in the institution and was a member of the selection committee. This was held to be impermissible.;