Sudhir Agarwal, J. - (1.) ALL these petitions involve common questions of law and fact and, therefore, as agreed and requested by the learned counsels for the parties, have been heard together and are being decided by this common judgment at this stage under the rules of the Curt.
(2.) THE writ petition no. 40581 of 2008 (hereinafter referred to as the 'first set') has been filed by one Ravendra Pal Singh working as a teacher in Sunasir Nath Uchchatar Madhyamik Vidyalaya, Banda, Shahjahanpur (hereinafter referred to as the "College") challenging the appointment of respondent no. 4 as Principal of College in the pay scale of Rs. 6,500-10,5000/- made by the Manager/Authorized Controller after obtaining approval from the District Basis Education Officer, Shahjahanpur (hereinafter referred to as "BSA"). The facts in brief, as borne out from the writ petition, are that the College was initially running as an Junior High School and was brought in grant-in-aid in the year 1984. It was a duly recognised Junior High School by the Board of Basic Education under the Basic Education Act, 1972 (hereinafter referred to as "1972 Act") and after getting grant-in-aid, the payment of salary of its staff was governed by the provisions of U.P. Junior High School (Payment of Salaries to Teachers and other Employees) Act, 1978 (hereinafter referred to as "1978 Act"). It appears that in 1994, the institution was upgraded upto the level of intermediate and recognised by the Board of High School and Intermediate, U.P., Allahabad. There appears to be some dispute about the management inasmuch as the last committee of management after expiry of its tenure in 1997, ceased to function and, since then, it was being managed by an Authorized Controller. It is said that in April 2006, the Principal, Government Inter College, Shahjahanpur was appointed as Authorized Controller, but, thereafter by order dated 28.11.2007, the Authorized Controller was changed and the Finance and Accounts Officer, Madhyamik Shiksha, Shahjahanpur was appointed as Authorized Controller. Earlier, upto April 2006, one Sri Parmeshwari Deen Verma was working as Principal of the College, who retired on 30.6.2006 handing over charge to his brother Ram Chandra Verma, which was subsequently given to one Sri Jitendra Prasad Verma, a Senior Teacher of the College on 16.7.2006. The Authorized Controller, after his appointment on 28.11.2007, immediately took steps for filling in the post of the Principal of the Junior High School and advertised the vacancy on 23.12.2007 (Annexure-1 to the writ petition) published in Hindi daily newspapers "Aaj" and "Swatratra Bharat". Pursuant to the said advertisement, the respondent no. 4 was selected and appointed by order dated 21.1.2008 after receiving approval from BSA vide his letter dated 19.1.2008. The aforesaid appointment of respondent no. 4 has been challenged on the ground that the College being recognised upto Intermediate classes, the respondent no. 4 could not have been appointed as Principal of the Junior High School since the institution has seized to be a Junior High School after its upgradation upto the level of Intermediate College. Counter affidavit has been filed on behalf of the respondents no. 1 and 2 as well as respondent no. 4. The respondents no. 1 and 2, in the counter affidavit, have not disputed the upgradation of the College from Junior School upto the level of intermediate>It is however said that the High School and Intermediate section is not aided and no post has been sanctioned by the Government in the High School and Intermediate section of the College. It is said that the Government Order dated 24.11.2001 has clarified the position with respect to the financial and administrative control of an aided recognised non government Junior High School. This Government Order says where the High School and Intermediate College are unaided but recognised, in respect to payment of salary of the aided staff of such College, the provisions of 1978 Act will continue to govern and shall be monitored by the BSA and for administrative purposes, the institution would be treated separately as Junior High School and the High School/Intermediate, as the case may be. It is said that the State Government by letter dated 18.4.2007 granted approval for filling in the post of Principal of the Junior High School pursuant whereto the Advertisement was made by the College and the said appointment was approved by BSA vide his letter dated 19.1.2008 (Annexure CA-6).
(3.) THE respondent no. 4 in his counter affidavit has said that the College was initially recognised on 7.5.1983 as a Junior High School in the name and style of Sunasir Nath Junior High School, Banda, Shahjahanpur. It was brought in grant-in aid on 9.10.1984. By letter dated 14.1.1988 (Annexure CA-1), the Board of High School and Intermediate recognised the College under Section 7-AA of the of U.P. Intermediate Education Act, 1921 (hereinafter referred to as "1921 Act") upto High School and by letter dated 20.10.1995 (Annexure CA-2) it was recognised upto Intermediate. Since the post of the Principal of Junior High School fell vacant on 30.6.2006 due to retirement of Sri Parmeshwari Deen Verma, the BSA by letter dated 7.6.2007 sought permission from Director of Education (Basic) to fill in the said post of Principal in Junior High School which is said to have been granted by letter dated 18.10.2007 issued by State Government pursuant whereto the respondent no. 4 was selected and her selection was approved by BSA by letter dated 19.1.2008 and consequently she has been appointed by letter dated 21.1.2008. The petitioner has filed a rejoinder affidavit wherein it is said that after the recognition of the Institution and its upgradation upto High School and Intermediate, the Principal of Junior High School section could not have appointed. It is also pointed out that the respondent no. 4 is in fact working as Principal of an Intermediate College issuing mark sheets of the students of Intermediate classes signing the same as Principal of Sunasir Nath Inter College, Banda, Shahjahanpur, as is evident from Annexure-2 to the rejoinder affidavit.;