BALIHARI YADAV Vs. BASIC SHIKSHAN ADHIKARI

JUDGEMENT

(1.) These three writ petitions narrate, and rather repeat, the on going scams that continue to engulf our educational infrastructure involving State funds. The exposure is of illegal appointments far beyond the sanctioned strength in Mahatma Gandhi Junior High School, which has changed three addresses and premises within Kanpur Nagar, of which one Rajendra Kumar Verma claims himself to be the Manager.

(2.) The Junior High School imparts education between Classes 6 to 8 and is recognized under the provisions of UP. Basic Education Act, 1972 whereas the employment of teachers in the institution is governed by the provisions of the U.P. Recognized Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Teachers) Rules, 1978. The terms and conditions of the ministerial staffs and Group- D is regulated by the U.P. Recognized Basic Schools (Junior High Schools) (Recruitment and conditions of service of Ministerial Staff and Group 'D' Employees) Rules, 1984. The payment of salary in such institutions is regulated by the U.P. Junior High Schools (Payment of Salaries of Teachers and other Employees) Act, 1978.

(3.) All three writ petitions have been heard together and the learned counsel have advanced their submissions. Shri P.N. Saxena, Senior Advocate assisted by Shri Ram Chandra Uttam has appeared for Raman Pratap Singh, who is petitioner No. 23 in Writ Petition No. 38439 of 2000 and petitioner No. 1 in Writ Petition No. 54157 of 2003. He has been arrayed as respondent No. 6 in Writ Petition No. 14863 of 2004. There are other counsel shown for the petitioners in the leading Writ Petition No. 38439 of 2000.