- (1.)This writ petition has been filed for the following relief:
issue a writ, order or direction in the nature of mandamus directing the respondents to pay salary to the petitioners and to create and sanction two posts in Science, one in Biology and the other in Maths from the date of opening of Science Classes in the institution.

According to the petitioners the institution in question was granted recognition as an High School in Science subject and students were also admitted in the said subject. Having regard to the need of teacher for imparting education in the Science subjects at High School level, the petitioners were offered appointment by the Management of the institution. Copy of the letters offering appointment to the petitioners have been enclosed as Annexures-3 and 4 to the writ petition.

(2.)Admittedly no post of Science teacher at High School level was created in the institution with reference to Section 9 of Uttar Pradesh High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971 (hereinafter referred to as Act, 1971), the question of payment of salary to the petitioners from the State Exchequer did not arrive.
A supplementary affidavit has been filed today on behalf of the petitioner. It has been stated that the Committee of Management had also filed a writ petition in for the relief of creation of new post of Science teachers at High School level being Civil Misc. Writ Petition No. 15557 of 2003. The writ petition was disposed of on 10.04.2003 requiring the Director of Education to consider the claim of the institution for creation of new post of Science teacher within the time specified. In compliance to the order of the Court referred to above, the Director of Education by means of letter dated 29.08.2007 has refused to create any new post in the institution. This order is not under challenge before this Court. The order records that there are 11 sanctioned posts of teachers in the institution in Arts subject including that of Head Master. Having regard to the strength of students admitted in various subjects of Arts, only 07 teachers are required and, therefore, it has been observed that two posts of Arts teachers lying vacant in the institution may be converted into that of Science subject's post for which on an application being made, appropriate orders shall be passed.

(3.)Counsel for the petitioner with reference to the said order submits that since the Director of Education himself has recorded that the petitioners are teaching in the institution, the Director should have directed payment of salary to the petitioners after permitting the conversion of the existing two posts.