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3. Brief facts giving rise to these three connected writ petitions are that the Christian Inter College, Mainpuri is a recognized and aided minority institution. Sri Deputy Lal Lecturer Physics in the institution died on 10.7.2000, causing substantive vacancy on the post. The vacancy in a minority institution which is exempted under Section 30 of the U.P. Secondary Education Services Selection Board Act, 1982 is required to be filled up in accordance with Section 16FF of the U.P. Intermediate Education Act, 1921, and the Regulation in Chapter II of the Regulations made under the Act.

5. Sri Gaurav Kumar Singh Rathor with the help of Committee of Management of the College persuaded the District Inspector of Schools to submit a report in his favour and that vide letter dated 24.7.2004 the Regional Joint Director of Education communicated the financial approval to the appointment on 23.4.2004.

6. Sri K. Ajit, learned counsel for the petitioner submits that the corrigendum to the advertisement had clearly mentioned the qualification to be M.S. Physics, B.Ed with one year diploma in computer which is inconsonance with Entry 31 in Appendix 'A' to the U.P. Intermediate Education Act, 1921 and provides M.Sc. Physics with computer as educational qualification for the post of Lecturer in Physics in the Intermediate Classes. In Column-7 of Appendix - 'A' against Entry No. 31, the desirable qualification is that the candidate should be trained. Sri Gaurav Kumar Singh Rathor is not a trained teacher. The Selection Committee was not constituted in accordance with Section 16FF, it did not consider the quality point marks and in fact the entire record of selection annexed by the Committee of Management of the College with the affidavit of Sri Garib Masih does not show that the committee applied its mind and adopted any criteria for selections. The Committee did not prepare any chart of quality point marks and selected the candidates arbitrarily without assigning any reason. The selection process according to Sri K. Ajit was vitiated and that the petitioner was grossly discriminated in employment for which the salary is paid by the State Government.

8. Sri R.K. Jain, on the other hand, submits that the minority institution has freedom to appoint any persons as a teacher. Sub-section (4) of Section 16FF of the Act restricts the power of Regional Deputy Director of Education or the Inspector as the case may be, to withhold the approval of the selections made only where the person does not possesses the prescribed minimum qualifications and is not eligible. Sub-section (4) of Section 16FF applicable to minority institutions is quoted as below:

11. The scheme of the U.P. Intermediate Education Act, 1921 and the Regulations framed there under for minority educational institutions provide for qualifications, eligibility and a method of selection. Once these tests are satisfied, the approval of a teacher who is qualified and eligible cannot be withheld. Section 16FF(4) secures the guarantee under Article 30(i) of the Constitution of India, and is in consonance with the rights of the minority to be established and administer educational institution. The Regulations are made under the Act. These cannot override or be inconsistent with the mandatory provisions of the Act. At best it may be said that the Regulation for minority institution are by way of guidelines to be followed for the benefit of the selection committee. Any further restriction namely the assessment of comparative merit and to give reasons for selection from amongst those who are qualified and eligibly will effect the choice of the selection committee and will infringe the freedom guaranteed under Article 30(1) of the Constitution of India. The Slate cannot impose conditions, the acceptance of which would deprive a minority community of their rights guaranteed by Article 30(1) of the Constitution, vide Committee of Management St. Jhon's College v. Girdhari and Ors. (2001) 4 SCC 296.