RAVINDRA NATH Vs. STATE OF U.P.

JUDGEMENT

(1.) These writ petitions have been connected under the previous orders of this Court, and consequently, are listed and heard together. They are thus being disposed of by this common judgment. Writ Petition No.38822 of 2008 (Ravindra Nath and 5 others Vs. State of U.P. and 8 others) is treated as the lead case.

(2.) The dispute in the present bunch of writ petitions relates to validity of appointment of teachers in Gopi Rao Bahadur Uchchattar Madhyamik Vidyalaya, Nanapar, District Deoria (hereinafter referred to as ''the institution').

(3.) The institution was initially a recognized Junior High School. It was upgraded to High School level in 1984, whereafter the provisions of the U.P. Intermediate Education Act, 1921 (hereinafter referred to as ''the Act of 1921') became applicable upon the institution. It is admitted case of the parties that when the institution was upgraded to High School level, there existed 11 sanctioned posts of teacher in Junior High School, against which 11 teachers had already been appointed and were working. There is no issue with regard to existence of 11 posts of teacher in Junior High School, as also with regard to appointment offered to those 11 teachers. Chapter-II Regulation 4 of the Regulations framed under the Act of 1921 provides that where Junior High School is recognized as a High School under Section 7, the teachers employed in Junior High School, who possess requisite qualification would become the employee of the High School. Regulation 4 of Chapter-II is relevant and is reproduced hereinafter:- "4. Where any Junior High School is recognised as a High School under Section 7, a permanent or temporary teacher of such school, possessing the minimum qualifications under Regulation I, shall be deemed to be permanent or temporary teacher, as the case may be, of such High School, provided that the services of a temporary teacher who is not selected for appointment in accordance with the provisions of the Act and the regulations shall be dispensed with after giving him one month's notice in that behalf or one month's pay in lieu of such notice."