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1992 DIGILAW 1493 (ALL)

Sardar Mohammad Ansar Khan v. State of U. P.

1992-11-10

M.KATJU

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JUDGMENT M. Katju 1. This writ petition has been filed against the impugned order of the District Inspector of Schools, Shahjahanpur dated 4-4-1990 (Annexure 6 to the writ petition) and with a prayer of mandamus directing the respondents to treat the petitioner as Head Clerk. I have heard Sri R.B.D. Misra, learned counsel for the petitioner, and Shri B. D Mandhyan, learned counsel for the respondents The petitioner as well as the respondent no. 4 Ghulam Ghaus Khan were appointed as Routine clerks in Islamia Inter College, Shahjahanpur by the order dated 21-11-77 vide Annexure-1 to the petition. The question in this petition, is as to who should be treated as senior, the petitioner or respondent no. 4. In para 12 of the writ petition the petitioner has referred to the U. P. Directorate of Education Ministerial Service Rules, 1983 and has claimed on the basis of these rules that he should be treated as senior. In my opinion, these rules nave no application. These rules apply to the employees of the Directorate of Education. Chapter 2 of Regulation 3 (I) (b) of the U. P. Intermediate Education Rules states that if two or more teachers are appointed on the same date, their interse seniority shall be fixed on the basis of age. Although this Rule applies to teachers, in my opinion the Rule is sound and fair and hence should also be applied to non- teaching employees, particularly since there is no rule applicable to non- teaching employees for fixing seniority of employees appointed on the same day. 2. In my opinion we can use the Atidesh Principle of Mimansa in this connection. I have already pointed out in some earlier judgments of mine, as well as in an article published in November 1992 issue of All India Reporter, that the Mimansa Principles of interpretation were our traditional system of Interpretation used regularly by our jurists These principles originated from the religious difficulties found in interpreting and understanding the texts in the Shrutis pertaining to performance of the various yogyas Thus the Mimansa principles were originally meant for religious purposes, but since they were rational and scientific they gradually became of universal application, and began to be used in law, in grammar in philosophy etc. our great commentators like Vijnaneshwar, Jimutvahan, Vachaspati, Nanda Pandit, etc were all profound scholars of Mimansa. our great commentators like Vijnaneshwar, Jimutvahan, Vachaspati, Nanda Pandit, etc were all profound scholars of Mimansa. In fact those who wished to study law had first to undergo a course in Mimansa, for it was realized that without knowledge of the Mimansa principles there could be no real understanding of the law as laid down in the smritis. 3. The Mimansa Principles were first laid down by Jaimini in his sutras written around 500 B. C. The main commentary on it is the Bhashya of Shabar, written around 200 A. D. Kumaril Bhatta's Tantravartika is the famous commentary on the Shabar Bhashya written around 300 A. D. Prabhakar is the founder of the Prabhakar schools of Mimansa (while Kumaril's school is known as the Bhatta School) 4. The first six chapters of Jamini's sutras deal with upadesh, or express injunction while chapters 7 and 8 deal with addesh or injunction by reference and it is this principle which we shall examine here. Jaimini defines Atidesh as follows "if what is prescribed as a duty with regard to one object applies to another object this is called Atidesh". 5. There are various sacrifices (Yagya) for various purposes, and these are mentioned in the Brahmanas, which are prose texts attached to the vedas. The procedure of some sacrifices is given in great detail and these are known as Prakriti (or model). Thus the rules of the Darshapurnamasi Yagya, which is one of the main Vedic Yagyas, is given in great detail in the Shatapatha Brahmana, and hence darshapurnamasi is a Prakriti on the other hand, there are other sacrifices whose details have not been given anywhere, and hence the question arose how these are to be performed. These are known as Vikriti and the Mimansa rule of Atidesh was created which laid down that the rules of the prakriti will also apply to the Vikriti. 6. Thus, for example, while the rules of the daily agnihotra have been given in detail in the shrutis, as regards the monthly Aginihotra there is only an injunction that it should be performed (Maasam Agnihotram Juhoti). No further details are given anywhere as to how the monthly agnihotra is to be performed. 6. Thus, for example, while the rules of the daily agnihotra have been given in detail in the shrutis, as regards the monthly Aginihotra there is only an injunction that it should be performed (Maasam Agnihotram Juhoti). No further details are given anywhere as to how the monthly agnihotra is to be performed. Hence the Atidesh Principle is used and the rules of the daily Agnihotra are also applied to the monthly agnihotra Similarly, the parvana Shraddha for the paternal ancestors Is the Prakriti for the Paravana Shraddha for the maternal ancestors, which is the Vikriti of the former (This is of great importance in the Dayabhag sscbool in which the number of pindas given is relevant for determining the order of succession). Jaimini confined atidesh to yagyas, but the later mimansaks extended the principle to various other matters too, and variois sub categories of atidesh were laid down (see K. L. Sarikar's Mimansa Rules of Interpretation, PP-203-204). 7. The Atidesh Principle has been used extensively by our jurists. Thus, the Dattakchandrika using the atidesh principle, applies the same rules to Dattak (adopted) sons which applies to Kshetraija (natural) sons This is because a natural (begotten) son is to the adopted son like a Prakriti Yagya to a Vikriti Yaga. As regards the begotten son there are detailed rules regarding his rights and duties, but there are very few rales expressly related to adopted sons. Hence by the Atidesh principle the rules regarding begotten sons are also applied to adopted sons. 8. In the present case we notice that there is no express rule as to how the seniority of non-teaching employees in educational institutions who are appointed on the same day is to be reckoned. Hence using the atidesh principle of Miroansa we can hold that it is to be reckoned in accordance with the rule for teachers, and the senior in age should be deemed to be senior. Thus there is no infirmity in the impugned order and the petition is accordingly dismissed. The stay order is vacated. No order as to costs. Petition dismissed.