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Uttarakhand High Court · body

2004 DIGILAW 60 (UTT)

V. S. Mani v. Director of Education

2004-05-18

P.C.VERMA, RAJESH TANDON

body2004
JUDGMENT By means of this writ petition, the petitioners have challenged the appointment of respondent No.5 on the post of Principal, Ramsay Inter College, Almora, which was approved by the joint Director of Education. 2. The ground of challenge is that the respondent no. 5 was not eligible to be appointed as Principal as his educational qualification is graduation with English, post-graduation in Economics and Bachelor of Physical Education. Respondent no.5 did not possess the certificate of M.A. in English. He was not eligible to teach English in 11th & 12th Classes, as he is not M.A. in English. 3. A counter affidavit has been filed by respondent No.5, in which it has been stated that respondent No. 5 was appointed as L.T. Grade Teacher to teach English to the students of Class 9th & 10th and Physical Education to all the students from lower Classes to higher classes. It is not disputed by the respondent No.5 that he taught English only in Class 9 & 10. 4. The eligibility for the post of Principal as provided in Appendix A of Chapter II of Regulations framed under Intermediate Education Act is quoted below: Sr. No. Name of the post Educational Experience Training Age Desirable qualifications 1 2 3 4 5 1. Head of the (1) Should be a trained Minimum 30 Institution M.A.or M.Sc. or M.Sc. years (Ag) or any equivalent post-graduate or other degree which is conferred by any body as referred to in above mentioned para and should possess teaching experience from any training institution recognised by the department or any degree college affiliated with any University or institution or any degree college affiliated with such institution as referred to in abovementioned first para, or at least four years teaching experience in classes 9-12 in any institution recognised by Board or in any institution affiliated with the Boards of other States or a like institution, whose examinations are recoonised by Board, or should possess at least four years' experience as trained graduate Headmaster in any Junior High School recognised by Deptt.: Provided that he/she should not be less than thirty years of age. or (2) Teaching experience of Ten Years in intermediate classes of any recognized institution with first or second class post graduate degree, or third class post graduate degree with 15 years' teaching experience. or (2) Teaching experience of Ten Years in intermediate classes of any recognized institution with first or second class post graduate degree, or third class post graduate degree with 15 years' teaching experience. or (3) Post graduate diploma holder in Science; Provided that he has passed this diploma course in first or second class and has served meritoriously for 15 or 20 years respectively in any recognised institution after passing such diploma course. Note: (1) At least second class post graduate degree and on special teaching experience of 10 years in intermediate classes of recognized institutions, training eligibility of Asstt. Teachers may be relaxed (As per the provisions in the Act). (2) Teaching prior to training or after training or both, are included in teaching experience. (3) Higher classes mean classes 9-12 and teaching experience of these classes is admissible for the post of principal in Intermediate College. 5. Learned Counsel for respondent no. 5 has submitted that the respondent No.5 was fully eligible to be appointed as Principal of the Intermediate College under clause 1 of Column 3 as he has put in four years of teaching experience in Class 9 to 12 in an Institution, which is recognized by the Board. 6. It is admitted by the learned counsels for the parties that Physical Education is not a subject taught in Class 9 to 12. Therefore, imparting Physical training to the students is not a teaching. Admittedly, respondent No.5 taught only in Class 9 and 10. There is nothing on record brought by the respondent no. 5 to convince us that the respondent no. 5 has taught English to the students of Class 11 and 12 also. Thus, it is evident that the respondent No.5 has not taught English or any subject in Class 11 and 12. Therefore, the respondent no. 5 does not posses the eligibility of four years teaching experience in Class 9 to 12. The case of the respondent No.5 does not fall in this Clause of eligibility according to which, respondent No.5 could be said to be eligible. 7. The other clauses No.2 &3 are not attracted in the case of respondent No.5. 8. Therefore, we hold that respondent No. 5 was not eligible to be appointed as Principal of the Intermediate College in either of the clauses. Accordingly, the appointment of respondent no. 7. The other clauses No.2 &3 are not attracted in the case of respondent No.5. 8. Therefore, we hold that respondent No. 5 was not eligible to be appointed as Principal of the Intermediate College in either of the clauses. Accordingly, the appointment of respondent no. 5 as Principal of Intermediate College cannot be sustained and is liable to be quashed. 9. We, therefore, issue a writ of certiorari quashing the appointment of respondent no. 5 as Principal of Ramsay Inter College, Almora. The Committee of Management may hold a fresh selection for the post in question. However, it is made clear, that in the meantime till the selection is not held, the senior most Lecturer of the College shall be given the charge of Officiating Principal. 10. Writ petition is disposed of in the aforesaid terms. No order as to costs.