C/M Standard Intermediate College ... vs The State Of U.P. And 6 Others on 13 August, 2019
11. Special Appeal No. 438 of 2019 (hereinafter referred to as "Appeal-5") has been filed by Shrikant Singh and Vibha Singh assailing judgment dated 16.01.2019 insofar as it relates to Writ Petition No. 13274 of of 2017 (Shrikant Singh and others Vs. State of U.P. and others). The writ petition was filed initially by four petitioners, namely, Srikant Singh, Vibha Singh, Pankaj Kumar Singh and Jitendra Pratap Yadav praying for a writ of certiorari for quashing order dated 12.09.2016 passed by DBEO, Chandauli holding appointment of petitioners invalid and consequently rejecting petitioners' representation. Facts in brief disclosed in the writ petition are that Janta Junior High School, Nai Bazar, Mahesua, Sakaldiha, Chandauli was recognized and aided Junior High School governed by the provisions of U.P. Act, 1972 and Act, 1978. The Institution was granted recognition by U.P. Board upto High School though the said recognition was without any financial assistant. It is said that posts existing in the Institutions, were such which were sanctioned by competent authority under the provisions of Act, 1978 in the Junior High School and no new post was sanctioned for the High Schools Classes. There were four posts of Assistant Teacher vacant hence Management proceeded to make appointment for the said post in accordance with provisions of Rules, 1978. The selection was held on 24.09.2015 and petitioners were selected. The documents were forwarded to DBEO, Chandauli for his approval but having received no response, petitioner Srikant Singh filed Writ Petition No. 14061 of 2016 and petitioners Pankaj Kumar Singh and Jitendra Pratap Yadav filed Writ Petition No. 24750 of 2016. Both were disposed of vide judgment dated 31.03.2016 and 25.05.2016 directing DBEO, Chandauli to take a decision in the matter of selection and appointment of the said petitioners. Thereupon DBEO, Chandauli passed order dated 12.09.2016 rejecting claim of petitioners. Petitioners challenged order dated 12.09.2016 in Writ Petition No. 47111 of 2016 wherein following order was passed on 03.10.2016: