ARUN TANDON,J. - (1.) BOTH the writ petitions are between the same parties and pertain to the suspension of the writ petitioner and its continuance, therefore, both have been clubbed together and are being decided together with the consent of the Counsel for the parties without calling for any further affidavits.
(2.) HEARD Sri Ashok Khare, Senior Advocate assisted by Shri Siddharth Khare, Shri Rahul Sripat, Advocate on behalf of the respondent Committee of management and standing Counsel on behalf of the other respondents. Facts in brief leading to the writ petitions are as follows : Shri Chaturbhuj Bhagwan Uchchtar Madhyamik Vidyalaya, Palgaon, Mathura was initially a recognised and aided Junior High School. At that point of time the petitioner Shri Nand Ram Singh was appointed as head master of the said Institution to be precise on 1.7.1973. It is also not disputed that with the enforcement of the Uttar Pradesh Junior High School (Payment of Salaries of Teachers and other Employees) Act, 1978, the petitioner along with other teachers of the Junior High School started getting their salary from the State Exchequer.
(3.) THE Institution was upgraded as High School in the year 2002. The recognition at High School level was granted under Section 7-A of the Intermediate Education Act, 1929 (hereinafter referred to as Act 1929) i.e. Vitta Vihin as a result where of on post of head master or teacher has been created for the institution at High School level till date. The Institution having been gratned recognition as Vitta Vihin is required to make appointment on the post of teachers from its own resources as per Section 7-AA read with Section 7-AB of the Act, 1929 along with G.O. Dated 10.8.2001. The Institution is to appoint teachers on part time basis as clarified by means of the G.O. Dated 24.11.2001, and qua such part time teachers different set of rules have been framed regulating their terms and conditions of selection appointment and removal etc.;