ASHWANI KUMAR MISHRA,J. - (1.) Substantive vacancy occurring in an educational institution recognized under the U.P. Intermediate Education Act, 1921 (hereinafter referred to as 'Act of 1921') which stands notified for recruitment to the U.P. Secondary Education Services Selection Board, in a previous educational session, whether could be filled by the Committee of Management under Section 16-E(11) of the Act of 1921, and the State could be made liable to pay salary to such appointee is the question arising for consideration in this bunch of cases. The nature of vacancy as also the manner and conditions of recruitment to be made under Section 16-E(11) also falls for examination.
(2.) Facts of leading Writ Petition No. 6716 of 2018 are taken up first. Amar Shahid Shri Kaushal Kumar Inter College, Naraingarh, Ballia is an educational institution recognized under the Act of 1971, imparting education upto intermediate level and the responsibility to pay salary is upon the State under the Uttar Pradesh High Schools and Intermediate Colleges (Payment of Salaries of Teachers and Other Employees) Act, 1971 (hereinafter referred to as 'Act of 1971'). State Government has recognized 21 post of Assistant Teacher in the institution vide Government Order dated 1.1.2016. Four substantive post of Assistant Teacher are stated to have fallen vacant, for which requisition was sent to the U.P. Secondary Education Service Selection Board on 24.7.1998, under Section 10 of the U.P. Secondary Education Service Commission Board Act, 1982 (hereinafter referred to as 'Act of 1982') through the District Inspector of Schools, but no selected candidate is stated to have been recommended so far by the Board. The Committee of Management proceeded to advertise the post in daily newspaper 'Anant Varta' and evening newspaper 'Azad Patra' on 3rd December, 1999 and 1st December, 1999, respectively, inviting applications. It is asserted that applications were received till 16.12.1999, and interview was conducted on 20th December, 1999. Appointment letters are stated to have been issued to the petitioners but the same are not annexed. The Committee of Management claims to have forwarded papers for grant of financial approval to the District Inspector of Schools (hereinafter referred to as 'Inspector'), which was followed with various representations, but a decision is awaited. It is stated that the determination of sanctioned post had not been made in terms of the direction issued by this Court in the case of Dhruv Narain Singh v. State of U.P. and others, passed in Writ Petition No. 26307 of 2010 , and the claim of petitioners accordingly was kept pending. It is contended that this Court in Writ Petition No. 48244 of 2017 (Sushil Kumar Yadav and another v. State of U.P. and others), decided on 31.10.2017 , since has recognized the right of Committee of Management to appoint teachers against posts already notified to the Board, under Section 16-E(11) of the Act of 1921, the authorities be directed to grant financial approval to petitioners' appointment. Reliance is also placed upon an order passed by this Court in Writ Petition No. 2330 of 2018 (Ashok Kumar Rai and others v. State of U.P. and others), decided on 18.1.2018 . It is contended that in view of the law laid down in the aforesaid two judgments, petitioners' claim for grant of financial approval is liable to be considered. Prayer is, therefore, made to command the District Inspector of Schools, Ballia to grant financial approval to petitioners' appointment and to release regular salary alongwith arrears within a period to be specified by this Court.
(3.) Similarly in Writ Petition No. 6718 of 2018, it is contended that post of Lecturer in Civics and Hindi had fallen vacant and were intimated to the Board, but no selected candidate has yet been recommended. It is stated that the posts were advertised in two widely circulated daily newspapers on 2.9.2008 and consequent to the same interviews were held on 24.9.2008. Thereafter, appointment letters were issued on 28.10.2008, pursuant to which petitioner nos.1 and 2 joined on 1.11.2008. Similarly two posts of Lecturer in History, and one post of Lecturer in English had also fallen vacant and were notified to the Board on 13.8.2002, against which petitioner nos.3, 4 and 5 were appointed after advertising the vacancies on 7.4.2004. Appointment letters were issued on 30th July, 2004. Reliance is placed upon the judgment of this Court in Sushil Kumar Yadav (supra) for directing the Inspector to grant financial approval and pay salary.;