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Brief facts giving rise to the writ petitions and thereafter special appeal No. 25 of 2006 now need to be noted. The institution Dosar Vaish Balika Junior High School was recognised as Junior High School within the meaning of U.P. Basic Education Act, 1972 and was also receiving grant-in-aid at Junior High School level. The institution was granted recognition as high school without finance (Vitta Vihin) under section 7A (a) of U.P. Intermediate Education Act, 1921 (hereinafter referred to as '1921 Act') on 1.8.1992. The High School was further recognised as Intermediate college in the year 1995 under section 7A(a) of the Act. No posts were created either at a High School level or Intermediate level after the recognition under the 1921 Act. The permanent Head Mistress as well as other teachers of the Junior High School level continued to receive their salary under the grant-in-aid granted to the institution at Junior High School level. Permanent Head Mistress retired on 30.6.1999 thereafter senior most Assistant Teacher functioned as officiating head Mistress. Smt. Sushila Gupta, the respondent no. 5 to the appeal was next senior most teacher who was not given charge of the officiating head mistress by the management and management passed resolution dated 1.7.1992 giving charge to Smt. Shashi Prabha Misra as officiating Head Mistress whose signature was attested by the District Inspector of Schools on 10.7.2001. District Inspector of Schools passed an order on 16.7.2001 that Smt. Sushila Gupta would function as an officiating Head Mistress against which order, Smt. Shashi Prabha Misra filed writ petition being writ petition No. 30736 of 2001 in which an interim order was passed on 29.8.2001. The signature of Smt. Shashi Prabha Misra was attested on 6.9.2004 by the District Basic Education Officer and an advertisement was also issued by the management on 12.6.2004 inviting applications for appointment on the post of Head Mistress of Dosar Vaish Balika Junior High School. Smt. Sushila Gupta filed writ petition No. 41420 of 2004 in which an interim order was passed on 5.10.2004 restraining the respondents from proceeding with the advertisement. However, in special appeal No. 1393 of 2004 the interim order granted by Single Judge was modified to the extent that selection pursuant to the interim order shall go on and any appointment made shall be subject to the decision of the writ petition. Selection was thereafter held for the post of Head Mistress and Selection Committee recommended Smt. Manju Awasthi, which was also approved by the District Basic Education Officer on 25.2.2005. Smt. Sushila Gupta filed writ petition being writ petition No. 33360 of 2005 challenging the order of District Basic Education Officer approving the appointment of Smt. Manju Awasthi. Approval of the appointment order was given by the District Basic Education Officer under the U.P. Recognized Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Teachers) Rules, 1978. Both the writ petitions were allowed by Single Judge by judgment and order dated 22.11.2005. Hon'ble Single Judge held that the institution having been upgraded as High School and Intermediate, appointment on the post of head of the institution has to be made in accordance with the U.P. Intermediate Education Act, 1921 and the regulations framed thereunder as well as under U. P. Secondary Education Service Selection Boards Act, 1982. Advertisement and consequent selection of the appellant as Head Mistress of the Junior High School was set aside. Smt. Manju Awasthi as well as committee of management aggrieved by the aforesaid judgment of Hon'ble Single Judge have filed the appeal.

Learned counsel for the private respondents/ writ petitioners have supported the judgment of Hon'ble Single Judge and contended that after a Junior High School is upgraded as High School/Intermediate college, the identity of Junior High School is lost and the institution is to be governed by the provisions of the U.P. Intermediate Education Act, 1921 and the U.P. Act No. 5 of 1982 and the fact that institution is not receiving grant-in-aid at High School level/ Intermediate level shall not make any difference because the applicability of the U.P. Intermediate Education Act, 1921 and U.P. Act No. 5 of 1982 is not dependent on grant-in-aid which aspect is covered by U.P. Act No. 24 of 1971, but on the fact of granting recognition under the U.P. Intermediate Education Act. It is contended that the appointment on the post of Principal is to be made in accordance with the provisions of U.P. Intermediate Education Act, 1921 and the U.P. Act No. 5 of 1982.

4.Whether under section 7A(a) of the U.P. Intermediate Education Act, 1921, the Board with the prior approval of the State Government can recognise an institution in any new subject or group of subjects or for a higher class; which institution is already a recognised institution under the U.P. Intermediate Education Act, 1921 or such recognition can be granted for the first time under section 7A(a) of the U.P. Intermediate Education Act, 1921 to an institution which is not a recognised institution under U.P. Intermediate Education Act, 1921?

5.Whether the word "institution" occurring in Section 7A(a) of U.P. Intermediate Education Act is to be read as "institution" as defined under section 2(b) of the U.P. Intermediate Education Act, 1921?

Before we proceed to consider the above mentioned issues, which have arisen in these appeals, it is relevant to look into statutory scheme of the 1921 Act specially in context of "recognition". The 1921 Act was enacted for establishment of a Board of High School and Intermediate Education to take the place of the University in regulating and supervising the system of High School and Intermediate Education in Uttar Pradesh and to prescribe courses therefor. Major amendments were made in the 1921 Act by U.P. Act No.34 of 1958 and U.P. Act No.26 of 1975. Section 2 of the Act contains definition clause. Section 2(a) and 2(b) of the 1921 Act, which are relevant for the present case, are as follows:-