JUDGMENT : K.M. Jospeh, C.J. (Oral) Petitioners seek the following reliefs: “a) Issue a writ, order or direction in the nature of certiorari quashing the Rule 9.1 (iii) note of the Government notification dated 10.05.2011 notifying the Uttarakhand Sanskrit University (Amendment) Rules, 2011. b) Issue a writ, order or direction in the nature of certiorari quashing the order dated 10.05.2011 passed by Director Sanskrit Education for absorption of the in eligible persons on the post of Principal/Headmaster in the Sanskrit Degree colleges/Schools. c) Issue a writ, order or direction in the nature of certiorari quashing the absorptions of incompetent persons on the post of Principal in Sanskrit Degree Colleges in pursuance to the advertisement dated 10th May, 2011.” 2. Briefly put, the case of the petitioners is as follows: Petitioners are working as Lecturers in various subjects in different Sanskrit Colleges in the State of Uttarakhand. By Notification dated 11.12.2007, Uttarakhand Sanskrit University Rules, 2007 (to be read as Regulation) were framed. Rule 6 of the Rules provides that the post in various degrees colleges / schools is a post for direct recruitment. The eligibility criterion is provided in Rule 7. Translated version of Rules 6 & 7, as supplied by the counsel for the petitioners, is as follows: “6. Recruitment on different categories post will be made from the following sources:- 1. Principal, Sanskrit College Through direct recruitment 2. Principal Sanskrit Secondary School (Uttar Madhyama) Through direct recruitment 3. Headmaster, Sanskrit Secondary School (Purva Madhyama) Through direct recruitment 4. Headmaster Primary Sanskrit School (Prathma) Through direct recruitment 5. Reader, Sanskrit College (one) 50% through promotion from such Assistant Reader, who has completed five years regular service as such on the first day of the month of July of recruitment year, on the basis of seniority subject to rejection of unfit. (two) 50% through direct recruitment. 6. Assistant Reader, Sanskrit College Through direct recruitment 7. Reader, (Sanskrit Secondary School- Uttar Madhyama) (one) 50% through promotion from such Assistant Teachers (Sanskrit Madhyamik School (Purva Madhya/ Prathama), who have completed five years regular service as such on the first day of the month of July of recruitment year, on the basis of seniority subject to rejection of unfit. (two) 50% through direct recruitment. 8. Assistant Teacher (Sanskrit Secondary School-Purva Madhyama/Prathama) Through direct recruitment Appointment through promotion shall be made only amongst the teachers working in concerned schools.” “7. (two) 50% through direct recruitment. 8. Assistant Teacher (Sanskrit Secondary School-Purva Madhyama/Prathama) Through direct recruitment Appointment through promotion shall be made only amongst the teachers working in concerned schools.” “7. Minimum qualification, quality points and selection committee for direct recruitment- 7.1 Direct recruitment on the post of Principal, Sanskrit College- (i) Minimum qualification:- (one) Acharya degree with first or high second class in any of the subjects of Graduation/Post-graduation classes for which the college has been granted recognition (degree with high second class means minimum 55% marks obtained in relevant degree, and for Scheduled Caste/Scheduled Tribe candidates it refers to minimum 50% marks obtained) (two) 7 years teaching experience in research degree or graduation and/or post-graduation classes; Or 10 years teaching experience in graduation and/or post-graduation classes; (three) 3 years experience of management and administration in Sanskrit college/Sanskrit Madhyamik (Purva Madhyama/Uttar Madhyama) School as Prinicipal/Headmaster. (ii) Quality Point:- S. No. Name of examination Quality marks Maximum Marks 1. Purva Madhyama/ High School Percentage of marks X 1 10 10 2. Uttar Madhyama/ Intermediate Percentage of marks X 2 20 20 3. Shastri Degree Percentage of marks X 3 10 30 4. Acharya/Post- graduation Percentage of marks X 4 10 40 5. Shiksha Shastri/ B.Ed. written Percentage of marks X 5 10 Activity Percentage of marks X 5 10 5 6. Teaching experience of Shastri/Acharya classes 03 marks per year 30 7. Experience of management and administration 04 marks per year 40 8. Ph.D. Degree 20 marks 20 Total 200 Note: In case any candidate has obtained teaching experience of a teacher for any particular period and along with performing as Principal/Headmaster has done teaching work during other period, then with reference to minimum qualification the period of experience as Principal/Headmaster shall also be added for counting the period of teaching experience. After counting the maximum points fixed for management or administration experience, for the remaining period quality points will be given for teaching experience. However with reference to quality points, out of teaching experience or experience of management or administration as Principal/Headmaster in a particular period, quality points will be given for only one experience. (iii) Selection Committee:- 1. Head of the concerned executive council or any Member nominated by the executive council Chairman 2. Principal of any Sanskrit College nominated by the executive council Member 3. (iii) Selection Committee:- 1. Head of the concerned executive council or any Member nominated by the executive council Chairman 2. Principal of any Sanskrit College nominated by the executive council Member 3. Any officer nominated by the Chancellor, Uttarakhand Sanskrit University Member 7.2 Direct recruitment on the post of Principal, Sanskrit Madhyamik School (Uttar Madhyama) and Headmaster Sanskrit Madhyamik School (Purva Madhyama)- (i) Minimum qualification:- (one) Acharya degree with first or high second class in any of the subjects of madhyamik classes (Uttar Madhyama/Purva Madhyama) for which the school has been granted recognition (degree with high second class means minimum 55% marks obtained in relevant degree, and for Scheduled Caste/ Scheduled Tribe candidates it refers to minimum 50% marks obtained). (two) 6 years teaching experience in training degree (Shiksha Shastri/B.Ed.) and Sanskrit Madhyamik classes. Or 10 years teaching experience in Sanskrit Madhyamik classes; (three) 3 years experience of management and administration in Sanskrit School (Prathama/Purva Madhyama/Uttar Madhyama) as Principal. (ii) Quality Point:- S. No. Name of examination Quality marks Maximum marks 1. Purva Madhyama/High School Percentage of marks X 1 10 10 2. Uttar Madhyama/Intermediate Percentage of marks X 2 20 20 3. Shastri Degree/Graduation Percentage of marks X 3 10 30 4. Acharya/Post- graduation Percentage of marks X 4 10 40 5. Shiksha Shastri/B.Ed. written Percentage of marks X 5 10 Activity Percentage of marks X 5 10 5 6. Teaching experience of Shastri/Acharya classes 03 marks per year 30 7. Experience of management and administration 04 marks per year 40 8. Quality points fixed for Ph.D. Degree 20 marks 20 Total 200 Note: In case any candidate has obtained teaching experience of a teacher for any particular period and along with performing as Principal/Headmaster has done teaching work during other period, then with reference to minimum qualification the period of experience as Principal/Headmaster shall also be added for counting the period of teaching experience. After counting the maximum points fixed for management or administration experience, for the remaining period quality points will be given for teaching experience. However with reference to quality points, out of teaching experience or experience of management or administration as Principal/Headmaster in a particular period, quality points will be given for only one experience. (iii) Selection Committee:- 1. Head of the concerned executive  council or any Member nominated by the executive council - Chairman 2. However with reference to quality points, out of teaching experience or experience of management or administration as Principal/Headmaster in a particular period, quality points will be given for only one experience. (iii) Selection Committee:- 1. Head of the concerned executive  council or any Member nominated by the executive council - Chairman 2. Principal of any Sanskrit College  nominated by the executive council - Member 3. One Class-I Gazetted officer  nominated by the District Magistrate - Member 7.3 Direct recruitment on the post of Headmaster Primary Sanskrit School (Prathama)- (i) Minimum qualification:- (one) Post-graduation degree with first or high second (high second class means minimum 55% marks obtained in relevant degree, and for Scheduled Caste/Scheduled Tribe candidates it refers to minimum 50% marks obtained). (two) 5 years teaching experience in training degree (Shiksha Shastri/B.Ed.) and Sanskrit Madhyamik classes; Or 10 years teaching experience in Sanskrit classes; (three) 3 years experience of management and administration in Sanskrit School (Prathama/ Purva Madhyama/Uttar Madhyama) as Principal. (ii) Quality Point:- S. No. Name of examination Quality marks Maximum marks 1. Purva Madhyama/ High School Percentage of marks X 1 10 10 2. Uttar Madhyama/ Intermediate Percentage of marks X 2 20 20 3. Shastri Degree/Graduation Percentage of marks X 3 10 30 4. Acharya/Post graduation Percentage of marks X 4 10 40 5. Shiksha Shastri/B.Ed. written Percentage of marks X 5 10 Activity Percentage of marks X 5 10 5 5 6. Teaching experience of Shastri/Acharya classes 03 marks per year 30 7. Experience of management and administration 04 marks per year 40 8. Ph.D. Degree 20 marks 20 Total 200 Note: In case any candidate has obtained teaching experience of a teacher for any particular period and along with performing as Principal/Headmaster has done teaching work during other period, then with reference to minimum qualification the period of experience as Principal/Headmaster shall also be added for counting the period of teaching experience. After counting the maximum points fixed for management or administration experience, for the remaining period quality points will be given for teaching experience. However with reference to quality points, out of teaching experience or experience of management or administration as Principal/Headmaster in a particular period, quality points will be given for only one experience. (iii) Selection Committee:- 1. Head of the concerned executive council or any Member nominated by the executive council - Chairman 2. However with reference to quality points, out of teaching experience or experience of management or administration as Principal/Headmaster in a particular period, quality points will be given for only one experience. (iii) Selection Committee:- 1. Head of the concerned executive council or any Member nominated by the executive council - Chairman 2. Principal of any Sanskrit College/ Secondary School nominated by the executive council - Member 3. One Class-I Gazetted officer nominated by the District Magistrate - Member” 3. It is stated that the amendments were made in the Rules, 2007, but it did not take away the criterion of source of recruitment for the post of Principal being direct recruitment. Qualifications also remained the same. The amendment, which is impugned, by a writ of certiorari, introduced a note, which reads as follows: “Regulation 9.1(iii) 9.1(iii) Note- Those Acting Principal/Headmaster of Sanskrit Schools/Colleges who being in service have acquired the eligibility by 31 May 2010 as per Uttarakhand Sanskrit Regulation 2007 and First Amendment Regulation 02 March 2009, keeping in view their service, will be adjusted against the post and pay-scale of Headmasters/Principals and those acting Headmasters/Principals who do not fulfill the aforesaid criteria will be adjusted on the post of Principals/ Headmasters after they acquire the eligibility within a period of minimum three years from the date of publication of the Regulation. (2) Of Column-1 of Original Regulation- (a) In place of existing Regulation 9.2(i) (4) Regulation mentioned in Column-2 will be substituted, i.e. Column-1 Column-2 Existing Regulation (Part-3) Arrangement for Promotion Substituted Regulation (Part-3) Arrangement for Promotion” 4. This amendment was notified on 10.05.2011. There is a letter also dated 10.05.2011 produced as Annexure No.5, which reads as follows: “To, Manager/Principal Sanskrit School/College Uttarakhand Letter No. /093-1192/Adjustment/2011-12/dated 10 May, 2011. Sub.: Regarding adjustment of acting Principals. Sir, Vide Government Order No. 80/SS/XXIV-4/2010 Dehradun dated 10 May 2011 amendment has been made in Uttarakhand Sanskrit University Regulation 2007 and 2009, copy of which may have been received by you. Sub.: Regarding adjustment of acting Principals. Sir, Vide Government Order No. 80/SS/XXIV-4/2010 Dehradun dated 10 May 2011 amendment has been made in Uttarakhand Sanskrit University Regulation 2007 and 2009, copy of which may have been received by you. In the ‘Note’ after Section 1 of Part 3 of Uttarakhand Sanskrit University Regulation, 2007 it has been provided that “those acting Principals/ Headmasters of Sanskrit School/College working as such till 31 May 2010 who fulfills the eligibility for the post of Principal/Headmaster as per Uttarakhand 9 Sanskrit University Regulation, 2007 and Amendment Regulation 02 March, 2009, keeping in view their service, shall be adjusted on the pay-scale of Principal/ Headmaster against the vacant posts of Principal. Out of these acting Principal/Headmasters who do not acquire the eligibility mentioned in Uttarakhand Sanskrit University Regulation, 2007 by 31 May, 2010 shall be placed against the post of Principal in down grade pay-scale of Principal (existing pay-scale) as Principal/Headmaster and such acting Principals will be adjusted against the post and pay-scale of Principal/Headmaster only after fulfilling the minimum eligibility of Principal within 3 years”. In the aforesaid context it has to clarify that in the State those acting Principal/Headmaster shall be adjusted on the vacant post of Principal/Headmaster who fulfills the eligibility under the provisions of Uttarakhand Sanskrit University Regulation, 2009 and Amendment Regulation, 2009. Principals of such colleges who do not fulfill the eligibility under the provisions of Regulations shall be placed on down grade pay (existing pay-scale) against the vacant post of Principal, till they acquire the minimum eligibility prescribed for the post of Principal. For the adjustment of acting Principals against the post of Principals in Sanskrit Schools, following action will be taken by you:- 1. Appointment letter alongwith educational training qualification of those acting Principals who fulfill all the eligibility under the provisions of Uttarakhand Sanskrit University Regulation, 2007 and Amendment Regulation 2009, and appointment or promotion letter of such readers or teachers who are looking after the work of acting Principal. 2. Last five years’ result of the school. 3. Last five years’ result of the subject taught by the teacher/reader. 4. Confidential report/antecedents of last five years. 5. Health certificate of the teacher/reader by the Chief Medical Officer. 6. Certificate regarding there being no pending case against the teacher at present. 7. Certified copy of the educational and training qualification certificates of the concerned teacher. 8. 3. Last five years’ result of the subject taught by the teacher/reader. 4. Confidential report/antecedents of last five years. 5. Health certificate of the teacher/reader by the Chief Medical Officer. 6. Certificate regarding there being no pending case against the teacher at present. 7. Certified copy of the educational and training qualification certificates of the concerned teacher. 8. Certificate regarding conduct and behavior of the teacher with other teachers of the institutions. 9. Proposal of management committee regarding adjustment of teacher/reader on the post of Principal. 10. Recommendation of District Education Officer. 11. Experience certificate of working as Principal/ Headmaster. 12. Certified copy regarding recognition of subjects granted to the College/School by the University. For Principal of the Colleges- (a) Have passed Acharya degree in first high second class with 55 per cent marks in any of the subjects for which the college has been granted recognition for Graduate/ postgraduate (Shastri/ Acharya) classes. (b) 7 years teaching experience in Research Degree and graduate/postgraduate (Shastri/ Acharya) classes. Or 10 years teaching experience of graduate/post graduate (Shastri/Acharya) classes. (c) 3 years experience in administration as Principal/ Headmaster at Sanskrit Secondary Schools Purva Madhyama/Uttar Madhyama level. For Principal of Uttar Madhyama- a) Have passed Acharya degree in first high second class with 55 per cent marks in any of the subjects for which the college has been granted recognition for Graduate/ postgraduate (Shastri/Acharya) classes. b) 5 years teaching experience in B.Ed. Degree (Shiksha Shastri) and Sanskrit Schools. Or 10 years teaching experience in Sanskrit Secondary classes. c) 3 years management and administration experience in management and administration in Sanskrit School Prathama/Purva Madhyama/Uttar Madhyama. Manager of the concerned school with all the aforesaid documents will proceed properly and make available the recommendation of the executive council and proposal for adjustment of acting Principal along with other documents to the District Education Officer. The District Education Officer examining the proposal/case made available by the managers for the adjustment of acting Principal in the concerned school shall make available his report and recommendation to this Directorate before 25 May, 2011 so that proceeding for adjustment of acting Principal on vacant posts may be completed. Yours Truly (Dr. Vachaspati Maithani) Director Sanskrit Education, Uttarakhand Dehradun P.N. /Adjustment/2011-2012/ dated : As aforesaid Copy 1. Principal Secretary, Sanskrit Education, Government of Uttarakhand, Dehradun for perusal. 2. Yours Truly (Dr. Vachaspati Maithani) Director Sanskrit Education, Uttarakhand Dehradun P.N. /Adjustment/2011-2012/ dated : As aforesaid Copy 1. Principal Secretary, Sanskrit Education, Government of Uttarakhand, Dehradun for perusal. 2. to All District Education Officer, Uttarakhand to this effect that they shall ensure issuance of directions at their level to the managers of concerned schools for completion of proceedings for adjustment of acting Principal posted prior to 31 May 2010 in their respective districts. 3. Additional/Joint Director, Education, Garhwal Region, Pauri and Kumaon Region, Nainital for information and necessary action. (Dr. Vachaspati Maithani) Director Sanskrit Education, Uttarakhand Dehradun” 5. The challenge is to the same, i.e. the amendment and the letter. Pleadings have been exchanged. 6. We heard learned counsel for the petitioners Sri Amar Shukla, learned Additional Advocate General Sri A.S. Rawat, Sri Ashish Joshi, learned counsel for the respondent no.2 and Mr. Rakesh Thapliyal with Mr. Sanjay Bhatt, learned for the respondent nos.4 to 13. 7. Sri Amar Shukla, learned counsel for the petitioners would submit that amendment to the Rules and, that too, brought about by a note is clearly illegal. According to him, under Rule 6, post of Principal is to be supplied by way of direct recruitment; whereas under the impugned amendment, what is provided is for adjustment of Principal, who is working as Head Master / Principal In-charge. It is pointed out that Rule even provides also for persons, who are not having that qualification, to continue provided they have acquired the qualification within a period of three years. He further contended that letter issued dated 10.05.2011, which provides that those Lecturers, who are not having qualification and who are permitted to acquire qualification within three years, will be entitled to pay of down-grade Principal. 8. Per contra, the case of the State is that the advertisement was issued to fill up the vacancies as it is to be made by direct recruitment, but it did not elicit any desired response. As a temporary measure, by way of relaxation in respect of those, who did not have the eligibility, then a period of three years was provided in the Rules. It is also the case of the respondents that the petitioners do not themselves have the requisite qualifications. Private respondents have specifically called in question the locus of the petitioners. 9. As a temporary measure, by way of relaxation in respect of those, who did not have the eligibility, then a period of three years was provided in the Rules. It is also the case of the respondents that the petitioners do not themselves have the requisite qualifications. Private respondents have specifically called in question the locus of the petitioners. 9. The challenge to a Rule or a statutory instrument cannot be permitted at the hands of the person, who has no locus. The locus would mean that a person is aggrieved. Petitioners, in this case, themselves do not have a case that they fulfill eligibility required under Rule 7 for being directly recruited. In fact, the case of the State is that despite advertisement calling for applications for filling up of the posts by way of direct recruitment, there is no response. The fact that the petitioners do not themselves have the requisite qualification (in the form of experience) as provided in Rule 7 would deprive them of the requisite locus to challenge the Rule in our view. No doubt, learned counsel for the petitioners has a case that what is permissible under the note is only to clarify the main Rule. We would think that the fact that the petitioners have no locus to call in question the Rule is sufficient for us to repel any such contention. It is a settled law that public interest litigation is also not maintainable in service matters. This purports to be a petition filed in service jurisprudence. Therefore, once it is found that the petitioners do not have locus in the sense that they themselves do not fulfill the eligibility for being considered for direct recruitment by which they lay store by, it would be idle to entertain a challenge to the amendment by which apparently the Government has decided to provide for a situation by treating all the teachers, who were In-charge and who were eligible in terms of the Rules to be adjusted as Principal and further, also provide for a period of three years for those, who are not eligible. In fact, as far as the Government Order goes dated 10.05.2011, that only provides that those, who are not having the qualification, will not get the pay of the Principal, but only they will draw the existing pay. In fact, as far as the Government Order goes dated 10.05.2011, that only provides that those, who are not having the qualification, will not get the pay of the Principal, but only they will draw the existing pay. We do not see, on what basis, petitioners can be permitted to challenge that letter also. The petitioners do have a case, no doubt, that the University was not consulted. Again, we would notice that the petitioners have no locus. In fact, learned counsel for the petitioners would submit that they are now qualified under the Regulations. What is the position of the petitioners at the time when they filed the writ petition cannot be ignored. In fact, the period of three years has run out one year ago. Therefore, we see no merit in the writ petition. The writ petition is dismissed without any order as to costs.