School And Another vs Counsel for Petitioner(s)

D. Award the costs of the writ petition in favour of the petitioner."

3. Learned counsel for the petitioner submits that a society named Padamidand Janta Vidyalaya, Padamidand Karisath, District Mau was registered on 19.07.1978 under the Societies Registration Act, 1860. The said society is running the institution imparting education from Class VI to VIII, which was granted permanent recognition on 06.10.1987. The affairs 2 WRIA No. 10182 of 2025 of the institution are governed by the provisions of the Uttar Pradesh Basic Education Act, 1972, as well as the Uttar Pradesh Recognized Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Teachers) Rules, 1978. Further, the recruitment of Clerk and Class-IV (Group "D") staff 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.

4. Petitioner No. 2 is the duly elected Manager of the institution. The institution has a sanctioned strength of 17 teaching and non-teaching staff, comprising one post of Headmaster, eleven posts of Assistant Teacher, one post of Clerk, and four posts of Peons. One Kamla Singh, who was working as Clerk, retired on 31.10.2017.

5. In view of the vacancy arising from the retirement of Smt. Kamla Singh, and the post of Clerk being a sanctioned Class III position, permission was duly sought from the competent authority to initiate the process for filling the said post. The Committee of Management, in its meeting, passed a resolution authorizing Petitioner No. 2 to submit an application before the District Basic Education Officer for the grant of permission and to complete all other necessary formalities for filling the vacant post of Clerk in the institution, which became vacant due to the retirement of Smt. Kamla Singh.

6. As per the Circular dated 03.06.2016, the Education Department had issued guidelines to fill vacant posts up to 31.07.2016. The validity of this circular was considered by Respondent No. 2 in the case of Committee of Management, Nehru Kisan Vidyalaya Junior High School vs. State of U.P. (Writ-A No. 58220 of 2016), and the petition was allowed by order dated 31.01.2017. A similar matter, Writ Petition No. 19573 of 2024, was also allowed by order dated 10.12.2024. Later, the State Government issued a Government Order dated 15.01.2019 declaring Group-C and Group-D posts as a dying cadre. This order was challenged in the case of Committee of Management, Manorama Kanya Junior High School, Moradabad and Another vs. State of U.P. and Others, reported in 2021 (6) AWC 5167, and the Hon'ble Court quashed the Government Order by judgment dated 24.09.2021, thereby allowing the writ petition.

7. In an identical matter, Writ-A No. 8443 of 2024 was filed before this Hon'ble Court seeking directions for advertising the post and making 3 WRIA No. 10182 of 2025 selection and appointment to the post of Assistant Clerk. The Court, by its order dated 27.05.2024, disposed of the writ petition with a direction to the Basic Education Officer to grant permission to the petitioner to advertise the vacant post of Clerk in the institution. Although several representations have been submitted before Respondent No. 3, no action has been taken till date. Therefore, it is respectfully prayed that a direction may be issued to Respondent No. 3 to decide the pending matter within a stipulated period.

8. On the other hand, in the counter affidavit filed by the learned counsel for Respondent No. 3, it has been stated that the State Government, vide Government Order dated 04.12.2019, has withdrawn the power of attorney earlier granted to the Committee of Management. It is further submitted that the Director of Education (Basic), U.P., Lucknow, through a letter dated

06.11.2015, has issued instructions permitting recruitment only for teaching posts in aided Junior High Schools. In light of the above, he submits that no appointment can be made to the vacant post of Clerk, and therefore, the petitioner's representation is not maintainable.

9. The Government Order dated 15.01.2019, issued by the Special Secretary, Government of Uttar Pradesh, in accordance with the norms and standards prescribed under the Right of Children to Free and Compulsory Education Act, 2009, declares that the sanctioned non-teaching posts of Group C and D in recognized aided Upper Primary Schools shall constitute a 'dying cadre.' It has been further directed that the incumbents presently working on such posts shall continue until their retirement; however, upon their retirement, death, or cessation of service for any other reason, the said posts shall be deemed to be automatically abolished. Therefore, in view of the Director's letter dated 06.11.2015 and the aforesaid Government Order dated

15.01.2019, no permission can be granted to the petitioners for filling the vacant post of Clerk."

10. In a similar controversy, Writ-A No. 12958 of 2019 was filed before this Court, which by order dated 03.07.2025 dismissed the petition, observing as follows:- "List is revised. None appears for the petitioner. Sri Shailendra Singh, learned Standing Counsel for the State is present. Perused the record. 4 WRIA No. 10182 of 2025 Record shows that the petition has been preferred for quashing of order dated 10.07.2019, passed by respondent no. 3 - District Basic Education Officer, Mau, whereby representation of the petitioner for the grant of approval on the post of Clerk has been rejected. Further prayer has been sought for a direction to grant approval for the payment of salary to the petitioner since the date of his appointment i.e. 06.07.2016, along with payment of arrears and regular salary. As per the facts narrated in the writ petition, one post of clerk fell vacant at Sriram Chandra Purva Madhyamik Vidyalaya, Amari, Disrict Mau which is a recognized institution up to Class-VIII and is also included in the grant-in-aid list of the State Government up to the said standard. The District Basic Education / respondent no. 3 by order dated 23.01.2016 granted approval to the Institution to fill up the vacant post of clerk in accordance with the relevant rules. By the said order, approval for filling up the vacant posts of Assistant Teachers in the Institution was also accorded. Pursuant thereto, an advertisement was made in two daily newspapers, inviting applications for two posts of Assistant Teachers and one post of Clerk, as required under law. Sri Birbal Ram, Block Education Officer, Block Kopaganj, Mau, was deputed by respondent no. 3 as a member of Selection Committee constituted for the purposes of selection on the vacant posts in the Institution. The petitioner, being eligible for the post of clerk applied and after facing interview he was declared as a selected candidate as he obtained higher marks than other candidates and appeared in the interview. A report was sent by the Block Education Officer who was deputed by respondent no. 3 as a member of selection committee, on 03.07.2016 informing that the petitioner was found a suitable candidate for the post of clerk by the selection committee. A certificate was issued by the Committee of Management of the Institution declaring that the petitioner is not a relative of any member of the Committee, Manager or Headmaster of the Institution. Appointment letter was accordingly issued by the Committee of Management in favour of the petitioner, pursuant thereto he joined in the Institution on the post of clerk on 06.07.2016. Grievance of the petitioner is that despite working on the said post, no payment of salary has yet been made as the approval for payment of salary was not granted by the District Basic Education Officer. In that regard, several representations were moved but to no avail. Thereafter, the petitioner filed Civil Misc. Writ Petition No. 5175 of 2019, Vikas Srivastava v. State of U.P. & others, which was disposed of by order dated 05.04.2019 directing the respondent no. 3 to decide the representation of the petitioner in accordance with law. In compliance of the said order, the order impugned has been passed rejecting the claim of petitioner in an arbitrary and mechanical manner. Grounds taken in the writ petition is that despite the selection of the petitioner made on the post of clerk after following due procedure of law, as required under the relevant rules, approval for payment of salary has not been granted by respondent no. 3 for no reason. Learned Standing Counsel submits that the Institution in question is a recognized and aided institution and the payment of salary of teaching and non-teaching staff, who are appointed in accordance with law, is paid by the State exchequer. The procedure which is required to be followed for the appointment of clerk in the said Institution has not been adhered to by the Management as no prior approval was obtained from respondent no. 3 for appointment on the said post and the advertisement was published in contravention with the procedure prescribed by Rule 13 of the Uttar Pradesh Recognized Basic Schools (Junior High 5 WRIA No. 10182 of 2025 Schools) (Recruitment and Conditions of Service of Ministerial Staff and Group 'D' Employees Service) Rules, 1984. It is next contended that the appointment letter issued in favour of the petitioner was in violation of Rules 15 and 16 of the Rules, 1984. The appointment of the petitioner was illegal, therefore, there is no illegality in the order impugned. Learned Standing Counsel further pointed out that Class-III & IV employees in privately managed recognized Junior High Schools were not required, therefore, the posts were abolished by declaring it as a dead-cadre. Said controversy was decided by this Hon'ble Court in Writ-A No. 5418 of 2019, C/M Manorama Kanya Junior High School, Moradabad and another v. State of U.P. and 2 others, whereby the Court by order dated 24.09.2021 allowed the petition directing that the Government Order dated

02.07.1990, by which the posts in Class III & IV cadre were sanctioned, shall continue to exist and it was left open to the private management to make appointments against it by following procedure as laid down in the Rules, 1984. Said order was challenged by means of Special Appeal i.e. Special Appeal Defective No. 147 of 2020, State of U.P. and 2 others v. Commitee of Management Shri Sarveshwari Laghu Madhyamik Vidyalaya Bangaon and another, wherein the effect and operation of the order passed in Writ- A No. 5418 of 2019 has been stayed on 11.12.2024. He further submits that, though this ground has not been taken by the petitioner, as is evident from the records of the case, but in view of the order passed by Special Appeal Court, the claim of the petitioner has no legs to stand. In view of the above, no interference is called for. Accordingly, the writ petition is dismissed. No order as to costs."

11. However, in case the petitioners make a fresh application/representation, ventilating all their grievances, supported by such documents, as may be advised, before the respondent no.3; Basic Education Officer, District-Mau, within three weeks from today along with a certified copy of this order, the respondent no.3 shall make all endeavours to consider and decide the same, strictly in accordance with law, keeping in mind the aforesaid observations, by means of a reasoned and speaking order, after giving proper opportunity of hearing to the parties concerned, as expeditiously as possible, preferably within a period of two months from the date of production of certified copy of this order, if there is no legal impediment.

12. With the aforesaid observations/directions, the present writ petition is disposed of. September 25, 2025 Jitendra/- (Mrs. Manju Rani Chauhan,J.) JITENDRA KUMAR YADAV High Court of Judicature at Allahabad

D. Award the costs of the writ petition in favour of the petitioner."

3. Learned counsel for the petitioner submits that a society named Padamidand Janta Vidyalaya, Padamidand Karisath, District Mau was registered on 19.07.1978 under the Societies Registration Act, 1860. The said society is running the institution imparting education from Class VI to VIII, which was granted permanent recognition on 06.10.1987. The affairs 2 WRIA No. 10182 of 2025 of the institution are governed by the provisions of the Uttar Pradesh Basic Education Act, 1972, as well as the Uttar Pradesh Recognized Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Teachers) Rules, 1978. Further, the recruitment of Clerk and Class-IV (Group "D") staff 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.

4. Petitioner No. 2 is the duly elected Manager of the institution. The institution has a sanctioned strength of 17 teaching and non-teaching staff, comprising one post of Headmaster, eleven posts of Assistant Teacher, one post of Clerk, and four posts of Peons. One Kamla Singh, who was working as Clerk, retired on 31.10.2017.

5. In view of the vacancy arising from the retirement of Smt. Kamla Singh, and the post of Clerk being a sanctioned Class III position, permission was duly sought from the competent authority to initiate the process for filling the said post. The Committee of Management, in its meeting, passed a resolution authorizing Petitioner No. 2 to submit an application before the District Basic Education Officer for the grant of permission and to complete all other necessary formalities for filling the vacant post of Clerk in the institution, which became vacant due to the retirement of Smt. Kamla Singh.

6. As per the Circular dated 03.06.2016, the Education Department had issued guidelines to fill vacant posts up to 31.07.2016. The validity of this circular was considered by Respondent No. 2 in the case of Committee of Management, Nehru Kisan Vidyalaya Junior High School vs. State of U.P. (Writ-A No. 58220 of 2016), and the petition was allowed by order dated 31.01.2017. A similar matter, Writ Petition No. 19573 of 2024, was also allowed by order dated 10.12.2024. Later, the State Government issued a Government Order dated 15.01.2019 declaring Group-C and Group-D posts as a dying cadre. This order was challenged in the case of Committee of Management, Manorama Kanya Junior High School, Moradabad and Another vs. State of U.P. and Others, reported in 2021 (6) AWC 5167, and the Hon'ble Court quashed the Government Order by judgment dated 24.09.2021, thereby allowing the writ petition.

7. In an identical matter, Writ-A No. 8443 of 2024 was filed before this Hon'ble Court seeking directions for advertising the post and making 3 WRIA No. 10182 of 2025 selection and appointment to the post of Assistant Clerk. The Court, by its order dated 27.05.2024, disposed of the writ petition with a direction to the Basic Education Officer to grant permission to the petitioner to advertise the vacant post of Clerk in the institution. Although several representations have been submitted before Respondent No. 3, no action has been taken till date. Therefore, it is respectfully prayed that a direction may be issued to Respondent No. 3 to decide the pending matter within a stipulated period.

8. On the other hand, in the counter affidavit filed by the learned counsel for Respondent No. 3, it has been stated that the State Government, vide Government Order dated 04.12.2019, has withdrawn the power of attorney earlier granted to the Committee of Management. It is further submitted that the Director of Education (Basic), U.P., Lucknow, through a letter dated

06.11.2015, has issued instructions permitting recruitment only for teaching posts in aided Junior High Schools. In light of the above, he submits that no appointment can be made to the vacant post of Clerk, and therefore, the petitioner's representation is not maintainable.

9. The Government Order dated 15.01.2019, issued by the Special Secretary, Government of Uttar Pradesh, in accordance with the norms and standards prescribed under the Right of Children to Free and Compulsory Education Act, 2009, declares that the sanctioned non-teaching posts of Group C and D in recognized aided Upper Primary Schools shall constitute a 'dying cadre.' It has been further directed that the incumbents presently working on such posts shall continue until their retirement; however, upon their retirement, death, or cessation of service for any other reason, the said posts shall be deemed to be automatically abolished. Therefore, in view of the Director's letter dated 06.11.2015 and the aforesaid Government Order dated

15.01.2019, no permission can be granted to the petitioners for filling the vacant post of Clerk."

10. In a similar controversy, Writ-A No. 12958 of 2019 was filed before this Court, which by order dated 03.07.2025 dismissed the petition, observing as follows:- "List is revised. None appears for the petitioner. Sri Shailendra Singh, learned Standing Counsel for the State is present. Perused the record. 4 WRIA No. 10182 of 2025 Record shows that the petition has been preferred for quashing of order dated 10.07.2019, passed by respondent no. 3 - District Basic Education Officer, Mau, whereby representation of the petitioner for the grant of approval on the post of Clerk has been rejected. Further prayer has been sought for a direction to grant approval for the payment of salary to the petitioner since the date of his appointment i.e. 06.07.2016, along with payment of arrears and regular salary. As per the facts narrated in the writ petition, one post of clerk fell vacant at Sriram Chandra Purva Madhyamik Vidyalaya, Amari, Disrict Mau which is a recognized institution up to Class-VIII and is also included in the grant-in-aid list of the State Government up to the said standard. The District Basic Education / respondent no. 3 by order dated 23.01.2016 granted approval to the Institution to fill up the vacant post of clerk in accordance with the relevant rules. By the said order, approval for filling up the vacant posts of Assistant Teachers in the Institution was also accorded. Pursuant thereto, an advertisement was made in two daily newspapers, inviting applications for two posts of Assistant Teachers and one post of Clerk, as required under law. Sri Birbal Ram, Block Education Officer, Block Kopaganj, Mau, was deputed by respondent no. 3 as a member of Selection Committee constituted for the purposes of selection on the vacant posts in the Institution. The petitioner, being eligible for the post of clerk applied and after facing interview he was declared as a selected candidate as he obtained higher marks than other candidates and appeared in the interview. A report was sent by the Block Education Officer who was deputed by respondent no. 3 as a member of selection committee, on 03.07.2016 informing that the petitioner was found a suitable candidate for the post of clerk by the selection committee. A certificate was issued by the Committee of Management of the Institution declaring that the petitioner is not a relative of any member of the Committee, Manager or Headmaster of the Institution. Appointment letter was accordingly issued by the Committee of Management in favour of the petitioner, pursuant thereto he joined in the Institution on the post of clerk on 06.07.2016. Grievance of the petitioner is that despite working on the said post, no payment of salary has yet been made as the approval for payment of salary was not granted by the District Basic Education Officer. In that regard, several representations were moved but to no avail. Thereafter, the petitioner filed Civil Misc. Writ Petition No. 5175 of 2019, Vikas Srivastava v. State of U.P. & others, which was disposed of by order dated 05.04.2019 directing the respondent no. 3 to decide the representation of the petitioner in accordance with law. In compliance of the said order, the order impugned has been passed rejecting the claim of petitioner in an arbitrary and mechanical manner. Grounds taken in the writ petition is that despite the selection of the petitioner made on the post of clerk after following due procedure of law, as required under the relevant rules, approval for payment of salary has not been granted by respondent no. 3 for no reason. Learned Standing Counsel submits that the Institution in question is a recognized and aided institution and the payment of salary of teaching and non-teaching staff, who are appointed in accordance with law, is paid by the State exchequer. The procedure which is required to be followed for the appointment of clerk in the said Institution has not been adhered to by the Management as no prior approval was obtained from respondent no. 3 for appointment on the said post and the advertisement was published in contravention with the procedure prescribed by Rule 13 of the Uttar Pradesh Recognized Basic Schools (Junior High 5 WRIA No. 10182 of 2025 Schools) (Recruitment and Conditions of Service of Ministerial Staff and Group 'D' Employees Service) Rules, 1984. It is next contended that the appointment letter issued in favour of the petitioner was in violation of Rules 15 and 16 of the Rules, 1984. The appointment of the petitioner was illegal, therefore, there is no illegality in the order impugned. Learned Standing Counsel further pointed out that Class-III & IV employees in privately managed recognized Junior High Schools were not required, therefore, the posts were abolished by declaring it as a dead-cadre. Said controversy was decided by this Hon'ble Court in Writ-A No. 5418 of 2019, C/M Manorama Kanya Junior High School, Moradabad and another v. State of U.P. and 2 others, whereby the Court by order dated 24.09.2021 allowed the petition directing that the Government Order dated

02.07.1990, by which the posts in Class III & IV cadre were sanctioned, shall continue to exist and it was left open to the private management to make appointments against it by following procedure as laid down in the Rules, 1984. Said order was challenged by means of Special Appeal i.e. Special Appeal Defective No. 147 of 2020, State of U.P. and 2 others v. Commitee of Management Shri Sarveshwari Laghu Madhyamik Vidyalaya Bangaon and another, wherein the effect and operation of the order passed in Writ- A No. 5418 of 2019 has been stayed on 11.12.2024. He further submits that, though this ground has not been taken by the petitioner, as is evident from the records of the case, but in view of the order passed by Special Appeal Court, the claim of the petitioner has no legs to stand. In view of the above, no interference is called for. Accordingly, the writ petition is dismissed. No order as to costs."

11. However, in case the petitioners make a fresh application/representation, ventilating all their grievances, supported by such documents, as may be advised, before the respondent no.3; Basic Education Officer, District-Mau, within three weeks from today along with a certified copy of this order, the respondent no.3 shall make all endeavours to consider and decide the same, strictly in accordance with law, keeping in mind the aforesaid observations, by means of a reasoned and speaking order, after giving proper opportunity of hearing to the parties concerned, as expeditiously as possible, preferably within a period of two months from the date of production of certified copy of this order, if there is no legal impediment.

12. With the aforesaid observations/directions, the present writ petition is disposed of. September 25, 2025 Jitendra/- (Mrs. Manju Rani Chauhan,J.) JITENDRA KUMAR YADAV High Court of Judicature at Allahabad