ARUN TANDON,J. - (1.) HEARD Sri Ram Milan Mishra, learned counsel for the petitioner, Sri R.N. Singh, learned Senior Advocate assisted by Sri G.K. Singh, learned counsel for contesting respondent no.4, Sri K. Shahi, learned counsel for respondent no. 2 and learned Standing Counsel for the State-respondents.
(2.) THIS writ petition has been filed for quashing the order passed by the Basic Shiksha Adhikari, Farrukhabad dated 21st November, 2008, whereby he has approved the appointment of respondent no.4, namely, Sunil Kumar Singh as headmaster of Vidya Mandir Purva Madhyamik Vidyalaya, Kayamganj, Farrukhabad. The facts in short giving rise to the present writ petition are as follows: Vidya Mandir Purva Madhyamik Vidyalaya, Kayamganj, Farrukhabad (hereinafter referred to as the 'institution') is a recognized junior high school under the provisions of Basic Education Act, 1972 (hereinafter referred to as the "Act, 1972'). The provisions of Uttar Pradesh Junior High Schools (Payment of Salaries of Teachers and Other Employees) Act, 1978 (hereinafter referred to as the 'Act, 1978') are also applicable to the teachers and staffs of the said institution. The procedure for appointment on the post of headmaster in a recognised junior high school is regulated by Uttar Pradesh Recognised Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Teachers) Rules, 1978 (hereinafter referred to as the 'Rules, 1978').
(3.) POST of headmaster in the institution fell vacant on 30th June, 2008 due to retirement of Krishna Chandra Mishra. Proceedings for appointment on the post were initiated in accordance with the provisions of Rules, 1978 and advertisement was published on 24th October, 2008. The last date for making the application was 8th November, 2008 while interview was scheduled for 10th November, 2008 at 12 a.m. Petitioner is B.Sc. from Kshatrapati Sahuji Maharaj University, Kanpur and also has a Teachers Training Certificate of the year 1996, he claims to be working as assistant teacher since 1st July, 1998 in a recognised basic school namely, Sri Ram Shiksha Sadan Purva Madhyamik Vidyalaya, Parauli, Hathaura, Farrukhabad. He also made an application in response to the said advertisement published along with respondent no.4 and other such candidates.;