HARI CHANDRA Vs. DIRECTOR OF EDUCATION

JUDGEMENT

(1.) Heard Sri Yogish Kumar Saxena, learned counsel for petitioner, learned Standing Counsel for respondents 1 and 3, Sri Bhanu Pratap Singh, learned counsel for respondent 4 and Sri Vinod Kumar Singh, learned counsel for respondent no.6.

(2.) This writ petition is directed against order dated 01.03.1998 passed by Manager of Sri Doorbeen Singh Rai Singh Uchchattar Madhyamik Vidyalaya, Mahmoodpur Pukhta, District Etah (hereinafter referred to as "School") restraining petitioner from working in the School on the ground that his appointment is beyond vacancies sanctioned and created in the School. The petitioner is also challenging the order dated 31.01.1998 passed by Director of Education (Secondary), U.P. Allahabad, holding that only 12 posts are recognized in the School whereagainst payment to staff (teaching and non-teaching) is permissible and not beyond that. The order says that documents prove creation of only eight posts of teachers, including Head Master; one post of Clerk and three Class IV posts.

(3.) School was initially established and recognized as Junior High School, receiving grant-in-aid from Government and governed by the provisions of Uttar Pradesh Basic Education Act, 1972 (hereinafter referred to as "Act, 1972") and Uttar Pradesh Junior High Schools (Payment of Salaries of Teachers and other Employees) Act, 1978 (hereinafter referred to as "Act, 1978"). It was brought on the list of institutions receiving grant-in-aid for the purpose of Act, 1978 in the year 1980. Board of High School and Intermediate, U.P., Allahabad granted recognition upto High School in 1994 but the said recognition was without any financial assistance (Vittviheen).