SHAIL KUMARI SINGH Vs. STATE OF U P

JUDGEMENT

(1.) SUDHIR Agarwal-Both these writ petitions have been filed by the same petitioner Smt. Shail Kumari Singh and involve common questions of law and fact, hence, as requested and agreed by learned counsel for the parties, have been heard together and are being decided by this common judgment.

(2.) WRIT Petition No. 21119 of 2004 (hereinafter referred to as the 'first petition') has been filed assailing the order dated 21.2.2004, issued by District Basic Education Officer, Jaunpur (hereinafter referred to as "the B.S.A.") granting approval to the appointment of respondent No. 6, Sudhir Kumar Singh as Head Master of Sangram Balika Vidyalaya, Sarokhanpur, Badlapur, district Jaunpur (hereinafter referred to as "the institution") as also the appointment letter dated 23.2.2004, issued by Committee of Management of the institution to respondent No. 6 pursuant to approval granted by the B.S.A. She has also sought a writ of mandamus commanding the respondents not to interfere in her functioning as Headmistress of the institution till a regularly selected candidate recommended by the U. P. Secondary Education Services Selection Board (hereinafter referred to as "the Selection Board") joins the post. She has further sought a writ of mandamus commanding the respondents not to allow respondent No. 6 to work as Headmaster of the institution pursuant to approval order dated 21.2.2004 and appointment letter dated 23.2.2004.

(3.) THUS, the institution was required to appoint teachers fulfilling requisite qualifications as prescribed by the Board to appoint a competent Principal and to bear the requisite expenses for running new classes from its own resources. As required vide condition No. 2 of the letter dated 17.6.1992, the institution obtained permission from the Regional Inspectress of Girls School, Varanasi for running High School (Literary Group-IX Class) vide letter dated 14.8.1992. It appears that despite upgradation of the institution and permission to run High School classes in 1992, it did not get a Principal appointed for upgraded High School level and continued to have a Headmistress appointed in respect of Junior High School who was continued to be paid salary under 1978 Act by the State Government even after 1992. One Smt. Sharda Singh, it appears continued to work as Headmistress of the institution and died on 28.1.2004 after having undergone serious illness, the petitioner was assigned the charge of Headmistress of the institution on 12.1.2004. During the period Smt. Sharda Singh, Headmistress was absent and had been on medical leave, and after her death on 28.1.2004, the petitioner continued to discharge duties as Headmistress of the institution.