SHYAM KARAN SINGH Vs. BASIC SIKSHA PARISHAD

JUDGEMENT

(1.) Heard Sri S. K. Mishra, learned Counsel for the petitioners, and Sri K.S. Shukla, learned Counsel for the respondents.

(2.) In this petition prayer has been made to quash the order dated 26.05.1994 (Annexure-17 to the writ petition) passed by the Secretary, Basic Shiksha Parishad, U.P., Allahabad, whereby in compliance to the orders dated 21.03.1994 passed by this Court in Writ Petition No. Nil of 1994 (Shyam Karan Singh v. Zila Basic Shiksha Samiti, Fatehpur and Ors.) and in Writ Petition No. Nil of 1994 (Gobardhan Prasad v. Zila Basic Shiksha Samiti, Fatehpur and Ors.) in the light of the judgment of this Court dated 15.10.1993 passed in Writ Petition No. 5988 of 1990 (Shiv Shanker v. Zila Basic Shiksha Samiti, Fatehpur and Ors.) and judgment dated 13 12.1993 passed in Writ Petition No. 6766 of 1990 (Daya Shanker v. Zila Basic Shiksha Samiti, Fatehpui and Ors.) petitioners' representations were decided and the petitioners were held to be not in possession of the minimum requirement and training for appointment to the post of Assistant Teacher in Junior High School in non-government colleges and also they were not held entitled to the salary and the petitioners' appointments were not recognized as teachers of Basic Shiksha Parishad.

(3.) According to the petitioners, Sri Swami Priyadas Junior High School Jarauli. District Fatehpur (hereinafter in short called as 'School') was initially established for imparting education from Class-VI to Class-VIII in the year 1973 and was recognized as Junior High School by the Basic Shiksha Parishad, U.P. Allahabad (hereinafter in short called as Parishad'). Subsequently, sometimes in the year 1990 the said 'School' was handed over by the society which was running the same) to the 'Parishad'. This fact was initially denied by the respondents, however, in the order dated 15.10.1993 passed in Writ Petition No. 5988 of 1990 and in the order dated 13, 12.1993 passed in Writ Petition No. 6766 of 1990 (as referred above) this issue was decided in favour of the petitioners and it was indicated that the said School was taken over by the Parishad' The petitioner No. 1 was initially appointed as Assistant Teacher in the abovesaid school on 30 04.1972 and at that time the petitioner No. 1 was not acquired the B.T.C. certificate. The petitioner No. 2 was initially appointed in the year 1983 as Assistant Teacher in 'School' by virtue of being B.A., B.Ed., however, when the petitioners were not being paid salary, they approached this Court by filing the writ petitions and the writ petitions were disposed of, as indicated above, by order dated 21.03.1994, in the light of which the representations of the petitioners were rejected by order dated 26.05.2004. Hence this writ petition.