JUDGMENT Sunil Ambwani, J.
1. The instant writ petition has been filed by the lecturers of Islamia Inter College, Firozabad, appointed inpursuance of advertisements dated 28.3.2001 and 29.3.2001 and the elections held on 6.7.2001, challenging the order by which the District Inspector Schools, Firozabad has disapproved their appointments.
2. Heard Sri Anil Bhushan for petitioners and learned standing counsel. Sri V. Sahai appears for respondent No. 6 Sri Naved Mukkarram.
3. The Islamia Intermediate College, Firozabad is a minority institution recognized under the provisions of U.P. Intermediate Education Act, 1921 and the U.P. High Schools & Intermediate Colleges (Payment of Salaries of Teachers and others Employees) Act, 1971. There was a long drawn management dispute in the College. An authorized controller was appointed by the orders of this Court to function till a validly elected Committee of Management takes charge. The elections were held under the supervision of the Authorised Controller on 20.5.1998, under the directions of the High Court and that on 23.5.1998, the Committee of Management of which Sri Gulam Navi is the Manager, was recognized. On 29.6.1998, the elected Committee of Management sought permission from the District Inspector of Schools, Firozabad for making the appointments on vacant posts, in the institution. It is alleged that on 30.6.1998 the required permission was granted. This fact was, however is disputed in the counter affidavit of Sri Ram Chet, District Inspector of Schools, Firozabad. The selections proceedings were started and immediately thereafter one Ahmad Husain, alleging himself to be the Manager of the Committee of Management of the institution, filed Civil Misc. Writ Petition No. 21239 of 1998 and an interim order was issued on 7.7.1998. The writ petition was dismissed on 14.12.2000.
4. The advertisement of the vacancies was published in two daily news papers 'Pioneer' dated 28.3.2001 and 'Rashtriya Sahara' dated 29.3.2001, having wide circulation in the State of Uttar Pradesh, in terms of Regulation 20(1) of Chapter II of the Regulations framed under the U.P. Intermediate Education Act, 1921. The Selection Committee met on 6.7.2001 and it is contended that the petitioners were selected and appointed as Assistant Teachers out of the select list. on 31.7.2001, the District Inspector of Schools, Firozabad refused to approve the appointment of the petitioners on the ground that the institution is not a minority institution and that the posts are dead and no permission was obtain for revival of the posts under Regulation 20 of Chapter II of the Regulations framed under the Act. The Committee of Management filed a Writ Petition No. 31946 of 2001 before this Court Challenging the order. This Court allowed the writ petition vide its order dated 1.8.2002 and the matter was remanded to the District Inspector of Schools to consider and decide the matter afresh.
5. By the impugned order dated 7.12.2002, the District Inspector of Schools, Firozabad has disapproved the appointment of the petitioners on the ground that the posts were dead and have not been revived under Regulation 20 of Chapter II of the Regulations framed under the Act. Sri Navedan Mukram denied that he had signed the selection proceedings whereas he was a members of the Selection Committee. It was alleged that the two news papers, namely 'Rastriya Sahara' and 'Pioneer' have no wide circulation in district Firozabad and these papers were published from Lucknow and further that the applications were invited at the residence of the Manager. The District Inspector of Schools has also found that the mandatory prior approval was not taken before filing up the vacancies.
6. Sri Anil Bhushan, counsel for petitioners, submits that there was no requirement to take permission for revival of the vacant post as these provisions are not regulatory in nature. There has a management dispute in the institution for a long period of time on account of which no appointment could be made. The Committee of Management had also submitted an application for the revival of the posts on 28.2.2003 to the Director of Education (Madhyamik), U.P. Lucknow and that the Director of Education, after calling for a report, revived four vacant post of lecturers of Geography, Urdu, Commerce and Physics, ten posts of Assistant Teachers and one post of Assistant Clerk. He submits that there is no dispute about the registration and recognition of the institution as minority institution and that the signatures of Sri Naved Mukram were available in the proceedings of the selection Committee. He submits that the selections were held and the teachers are actually teaching in the institution for a long time. Sri Anil Bhushan has challenged the order of the District Inspector of Schools, Firozabad as arbitrary and made without due application of mind to the facts of the case.
7. The Supreme Court in Rev. Sidhrajbhai Sabbai and Ors. v. State of Gujarat and Anr., AIR 1963 SC. 540; Frank Anthony Public School Employees' Association v. Union of India and Ors., AIR 1987 SC. 311 and the Committee of Management, St. John Inter College v. Girdhari Singh and Ors., (2001) 4 SCC. 296, has held that those provisions, which are in the interest of students and serve the interest of teachers, are regulatory in nature and do not affect the minority character of the institution. In my opinion, Regulation 20 of Chapter II of the Regulations made under the Act, are regulatory in nature. In the interest of Students and to maintain continuity in teaching the subjects the management must fill up the vacancies in sanctioned post with due expediency. The regulation also ensure financial discipline and management of finances and budget by the educational authorities. They must inform the authorities and the State exchequer with the reasons for not filing up the vacancies in time.
8. The application annexed to the supplementary affidavit for the revival of the post is not supported by any document with regard to the number of students in each class; and the grounds taken for revival. Sri Anil Bhushan states that a report was called by the Director of Education for revival of the post. The reports have net been filed on record. In any case the revival of the posts, was approved on 9.5.2003, whereas the posts were advertised and appointment were made in the year 2001.
9. The selections must be fair giving equal opportunity to all eligible persons. The post was advertised in two news papers namely 'Rastriya Sahara' and 'Pioneer', Published in Lucknow. The proceedings of Selection Committee, the number of persons, who applied, the nature and manner of selection have not been disclosed either in the writ petition nor there is any mentioned about these facts in the impugned order. The District Inspector of Schools under Section 16-FF of the Act has a mandatory duty to verify the qualifications. The documents filed in this Court or the pleading do not disclosed the qualification of the appointees.
10. For the aforesaid reasons, the entire proceeding of revival of post and selections are held to be against the provisions of the U.P. Intermediate Education Act, 1921, and the regulations framed there under. The selection as such cannot be upheld.
11. For the aforesaid reasons, the writ petition is dismissed. The order of the Director of Education (Madhyamik) U.P. Lucknow dated 9.5.2003 reviving the post, shall be reconsidered by the Director of Education. He shall call for a fresh report and pass a detailed order giving the reasons for revival of post, having due regard to the number of students, subjects taught in the institution and other details. If the posts are revived, the selection shall be held afresh in accordance with the provisions of Section 16-FF of the U.P. Intermediate Education Act, 1921.
12. The connected Civil Misc. Writ Petition Nos. 10375 of 2003; 13775 of 2003; 14189, 15827, 15830, 16499, 20652 and 11291 of 2003, are also dismissed on the same terms and directions.