D.P.Mohapatra, C.J. - (1.) Faced with two Division Bench cases of this Court giving conflicting decisions, the learned single Judge by an order dated 16.10.1996 referred the case for decision by a larger Bench so that the difference can be resolved and the question settled by an authoritative pronouncement of the Court.
(2.) In Karunapati Misra v. District Inspector of Schools, Jaunpur and others, 1986 UPLBEC 172, it has been held that the Board of High School and Intermediate Education. U. P. (hereinafter referred to as the Board) has granted recognition for a particular subject, it has to be assumed that the College can appoint a Lecturer in that subject. On the other hand, in Mahipal Singh Pawar v. State of U. P., (1992) 2 UPLBEC 1497, it has been held that it is the sole domain of the Director of Education to sanction and create posts of teachers and other staff as provided under Section 9 of the U. P. High Schools and intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act. 1971 (U. P. Act No. 24 of 1971) (hereinafter referred to as the Payment of Salaries Act).
(3.) On perusal of the aforementioned decisions, the question that arises for determination may be formulated thus : Whether on recognition being granted by the Board in respect of a subject in an Institution under Section 7A of the U. P. Intermediate Education Act. 1921 (U. P. Act No. II of 1921) (hereinafter referred to as the Intermediate Education Act), it will be presumed that the post of Lecturer in such subject stands sanctioned by the Director of Education under Section 9 of the Payment of Salaries Act? The answer to this question depends on interpretation of certain provisions of the Payment of Salaries Act and its interaction with the relevant provisions of the Intermediate Education Act.;