SURESH SINGH Vs. STATE OF U P

JUDGEMENT

(1.) ALL these petitions involve common questions of law and fact and, therefore, as agreed and requested by the learned counsels for the parties, have been heard together and are being decided by this common judgment at this stage under the rules of the Curt.

(2.) THE writ petition no. 40581 of 2008 (hereinafter referred to as the 'first set') has been filed by one Ravendra Pal Singh working as a teacher in Sunasir Nath Uchchatar Madhyamik Vidyalaya, Banda, Shahjahanpur (hereinafter referred to as the "College") challenging the appointment of respondent no. 4 as Principal of College in the pay scale of Rs. 6,500-10,5000/- made by the Manager/Authorized Controller after obtaining approval from the District Basis Education Officer, Shahjahanpur (hereinafter referred to as "BSA").

(3.) THE respondent no. 4 in his counter affidavit has said that the College was initially recognised on 7.5.1983 as a Junior High School in the name and style of Sunasir Nath Junior High School, Banda, Shahjahanpur. It was brought in grant-in aid on 9.10.1984. By letter dated 14.1.1988 (Annexure CA-1), the Board of High School and Intermediate recognised the College under Section 7-AA of the of U.P. Intermediate Education Act, 1921 (hereinafter referred to as "1921 Act") upto High School and by letter dated 20.10.1995 (Annexure CA-2) it was recognised upto Intermediate. Since the post of the Principal of Junior High School fell vacant on 30.6.2006 due to retirement of Sri Parmeshwari Deen Verma, the BSA by letter dated 7.6.2007 sought permission from Director of Education (Basic) to fill in the said post of Principal in Junior High School which is said to have been granted by letter dated 18.10.2007 issued by State Government pursuant whereto the respondent no. 4 was selected and her selection was approved by BSA by letter dated 19.1.2008 and consequently she has been appointed by letter dated 21.1.2008.