BISHAN CHANDRA AGRAWAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) By means of the present writ petition, the petitioners have approached this Court for issuing a writ of certiorari quashing the order of termination of May, 1990 and further prayer for appointments of respondent Nos. 4 to 12 and to its approval by the respondent No. 2 (Annexure 10 to the writ petition) be quashed and further issuing a writ in the nature of mandamus directing the respondents to permit the petitioners to work as teachers.

(2.) The fact arising out of the present writ petition is that petitioners were appointed and working as Assistant Teachers in Jain Basic Primary Vidyalaya attached to Jain Inter College, Rampur. The primary institution is being run in the same premises and the Management is also the same. Earlier, it was not in grant-in-aid but by letter dated 21.10.1989, written by the Direction of Education to all the District Inspector of Schools, which has been annexed as Annexure 1 to the writ petition, inspection was made by the District Inspector of Schools, the recommendations, were made and the Director of Education proceeded to determine as to how many and who should be granted grant-in-aid and the District Inspector of Schools requested the Management to submit the seniority list of the teachers of the Schools and on the basis of the aforesaid list, the District Inspector of Schools approved the appointment of the petitioners and imposed certain conditions giving grant-in-aid. A copy of the order has been filed as Annexure 2 to the writ petition. In spite of the aforesaid fact when the salary was not being paid, then a representation was filed before the District Inspector of Schools but suddenly an order, which is impugned in the writ petition, that is Annexure 4 to the writ petition was passed by which the services of the petitioners have been terminated only saying that the appointments of the petitioners were temporary and for a session of 1989 and 1990 and thereafter on 30th June, 1990, there was no necessity of the services of the petitioners. Against the order the petitioners have approached this Court.

(3.) This Court, while entertaining the writ petition, vide its order dated 24.5.1990 issued notice and it has been stated that the services of the petitioners will not be dispensed with till the trained teachers become available for the appointment to the post held by the petitioners.