JAVED AHMAD KHAN Vs. STATE OF U.P.

JUDGEMENT

(1.) As both these writ petitions arise out of a common cause of action, with the consent of learned counsel for the parties, they are being decided together by a common judgment. In both the writ petitions, I have heard Sri Ashok Khare, learned senior counsel assisted by Sri Siddharth Khare, for the petitioners, Sri G.K. Singh and Sri V.K. Singh for the respondent No.5 and the learned Standing Counsel for the respondents 1 to 4.

(2.) Briefly stated the relevant facts of the case are that Siddiq National Intermediate College, Pilibhit (hereinafter referred to as an Institution) is recognised as a minority institution and, as such, by virtue of Section 30 of the U.P. Act No. 5 of 1982, the provisions of the said Act are not applicable thereto. It is not disputed that the Institution is a recognised and aided Inter College, governed by the provisions of U.P. Intermediate Education Act, 1921 including the regulations framed thereunder as also the U.P. High Schools and Intermediate College (Payment of Salaries of Teachers and other Employees) Act, 1971 (hereinafter referred to as U.P. Act No.24 of 1971).

(3.) According to the petitioners, vide advertisement dated 08.09.2011, one post of Lecturer and 15 post of Assistant Teachers (L.T. grade) in the Institution were advertised. The posts of L.T. Grade teachers, so advertised, were for different subjects. Three posts were for Hindi, one for Urdu, one for Commerce, one for English, one for Mathematics, one for Science, one for Sanskrit, one for Art, one for Wood Craft and four for Social Science. The writ petitioners, of writ petition No. 4273 of 2013, applied for appointment on the advertised posts, in the following manner: (i) the petitioner No.1 applied for Urdu; (ii) the petitioner No.2 applied for Commerce; (iii) the petitioner No.3 applied for English; and (iv) the petitioner No.4 applied for Social Science. Likewise, the writ petitioners, of writ petition No. 4275 of 2013, pursuant to the said advertisement, applied in the following manner: (i) the petitioner No.1 applied for Mathematics; (ii) the petitioner No.2 applied for Science; (iii) the petitioner No. 3 applied for Woodcraft; and (iv) the petitioner Nos. 4 and 5 applied for Social Science.