MADHUBALA UPADHYAYA Vs. STATE OF U P

JUDGEMENT

(1.) ARUN Tandon, J. Heard Sri S. P. Pandey, learned Counsel for the petitioner, Sri B. P. Singh, Advocate and Sri Raju Singh, Advocate and learned Standing Counsel for the respondents.

(2.) MAHABIR Prasad Balika Vidyalaya Junior High School, Khuldabad, Allahabad is a recognized Junior High School within the provisions of U. P. Basic Education Act, 1972. It is not in dispute that the provisions of U. P. Recognised Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Teachers) Rules, 1978 are fully applicable to the teachers of the said institution. The institution is also aided and the provisions of U. P. Act No. 6 of 1978 are also applicable.

(3.) THE papers transmitted qua the appointment of the petitioner were objected to by the District Basic Education Officer, Allahabad vide order dated 30th June, 2000 on the ground that the reservation applicable has not been applied as well as on the ground that quality point marks have not been awarded. This order of the District Basic Education Officer was challenged by means of Writ Petition No. 30207 of 2000. THE writ petition has been allowed vide judgment and order dated 31st August, 2005. This Court held that the appointment of the petitioner shall be deemed to have been approved under Rule 10 of the aforesaid Rules, 1978. It has further been held that the objection with regard to non- fulfillment of the reservation applicable stands cured in view of the subsequent advertisement made by the Committee of Management in respect of the other existing vacancies. THE Court after quashing the order dated 30th June, 2000 required the District Basic Education Officer to consider the matter with regard to payment of salary, preferably within the time specified under the order.