JUDGMENT & ORDER : Heard Mr. M. Devananda, learned counsel appearing for the petitioner, Mr. A. Vashu, learned G.A., appearing for the respondents1 and 2 and Mr. H.S. Paonam, learned Sr. counsel assisted by Mr. N. Bipin, learned counsel appearing for the respondent No.3. 2. In the year 1972 the Manipur Elementary & Secondary Education Act, 1972 (hereinafter referred to as an Act) was enacted to establish a Board of Secondary Education to regulate, supervise and develop the system of Secondary Education in the State of Manipur. Upon enactment of the said Act, the Board of Secondary Education Manipur was established headed by its Chairman. With the enactment of the said Act, Rules were also framed by virtue of the provisions as contained in Section 12(3) of the said Act laying down conditions of the services, qualifications and mode of recruitment of the Chairman, Secretary and Controller of Examination. The said rule prescribes the eligibilities for the appointment on the post of Secretary, either on promotion or on deputation. The said rule read as follows : “(a) PROMOTION: Controller of Examination/Jt. Secy of the Board with 5 years reg. service. (b) DEPUTATION: (i) Administrator/Education Administrator of the level of the Deputy Secy. of the State Govt. or an equivalent post; (ii) Principal of Govt. Degree College/Addl. Director of Edn./Dy. Registrar of a Univ. or an equivalent post with 5 years regu. service in the grade. The deputation period will be limited to three years in the first instance, with maxm. Period of deputation extendable upto 4 years. The pay/salary payable to deputationist will be in accordance with the State rules governing the deputation.” 3. As per the case of the parties since there was no eligible person in the Board of Secondary Education for appointment on promotion to the post of Secretary, the respondent No.1, Commissioner/Secy Education(S), Govt. of Manipur vide its letter dated 20.6.2014 requested the Director of Education (S), Director of Hr. Education Manipur; Registrar, Manipur University, Registrar, Central Agriculture University and Deputy Secretary (DP), Govt. of Manipur to furnish name of officers who are eligible to fill up the post of Secretary, Board of Secondary Education on deputation. of Manipur vide its letter dated 20.6.2014 requested the Director of Education (S), Director of Hr. Education Manipur; Registrar, Manipur University, Registrar, Central Agriculture University and Deputy Secretary (DP), Govt. of Manipur to furnish name of officers who are eligible to fill up the post of Secretary, Board of Secondary Education on deputation. Pursuant to that, the respondent No.3, being a Associate Professor working as such with effect from 16.8.2005, submitted application to the Director University & Higher Education on 11.7.2014 through the Principal, Moirang College which was forwarded to the concerned authority on 20.8.2014. Thereupon, the Department of Hr. & Technical Education, Govt. of Manipur forwarded the applications of the petitioner and also two other Associate Professors for appointment to the post of Secretary on deputation to respondent No.1 vide letter dated 24.9.2014. 4. It is the case of the respondent that respondent No.3 had earlier worked with the Board of Secondary Education, Manipur as Tabulator, Secrecy Officer, Question Setter, Moderator and Section Officer. 5. Upon submission of the application the respondent No.1 appointed the respondent No.3 as Secretary, Board of Education vide order dated 11.11.2014 (Annexure-A/3) which order is under challenge in this application filed for issuance of writ of quo warranto for setting aside the said order dated 11.11.2014. 6. Mr. M. Devananda, learned counsel appearing for the petitioner submits that respondent No.3, an Associate Professor, is not eligible to be appointed as Secretary, Board of Secondary Education, Manipur in view of the eligibility prescribed under the Rules known as “Board of Secondary Education (Secretary) Recruitment Rules,2003” framed under the Act prescribing that Principal of Government Degree College/Additional Director of Education/ Deputy Registrar of a University or equivalent post with 5 years regular service in the grade is eligible to be appointed as Secretary of the Board. In such event, post of Associate Professor being not equivalent to any of the aforesaid posts mentioned above was not eligible to be appointed on the post of Secretary. 7. As against this, Mr. H.S. Paonam, learned Sr. counsel appearing for the respondent No.3 submits that respondent No.3, being an associate Professor ranked higher than the post of Addl. Director of Education/Deputy Registrar of University and thereby the appointment of the respondent No.3 was absolutely in terms of the rules framed. 7. As against this, Mr. H.S. Paonam, learned Sr. counsel appearing for the respondent No.3 submits that respondent No.3, being an associate Professor ranked higher than the post of Addl. Director of Education/Deputy Registrar of University and thereby the appointment of the respondent No.3 was absolutely in terms of the rules framed. Thus, the question which has cropped up for decision in this application is as to whether the respondent No.3, an Associate Professor in the Government College, is eligible to be appointed as Secretary, Board of Education, Manipur in terms of the relevant rule prescribing that the Principal of Government Degree College/Addl. Director of Education/Dy. Registrar of a University or an equivalent post with 5 years regular service in the grade is eligible to be appointed as Secretary of the Board ? To be more precise, question which falls for consideration is as to whether the post of Associate Professor of the Govt. College is equivalent to the post of Addl. Director of Education or Deputy Registrar of a University? 8. Mr. H.S. Paonam, learned Sr. counsel appearing for the respondent No.3, in order to establish that the post of Associate Professor is higher or equivalent to the post of Addl. Director of Education/ Deputy Registrar of University, has referred to number of documents to establish that the pay scale including grade pay of the respondent No.3 is higher than the pay scale of the Addl. Director of Education or Dy. Registrar of a University. Alternatively, it has also been put forth that if the post of Associate Professor is not higher than the post of Addl. Director of Education, then it is equivalent to the post of Addl. Director of Education as number of persons holding the post of Associate Professor has been appointed as Addl. Director in the Directorate of University. Thus, it was submitted that in any event the post of Associate Professor is never lower than the post of either Addl. Director of Education or Dy. Registrar of a University. 9. It has already been noticed that under the relevant rule, post of Secretary of the Board of Secondary Education, Manipur is to be filled up either by promotion or on deputation. Admittedly, the respondent No.3, an Associate Professor, was appointed to the Board on deputation. Director of Education or Dy. Registrar of a University. 9. It has already been noticed that under the relevant rule, post of Secretary of the Board of Secondary Education, Manipur is to be filled up either by promotion or on deputation. Admittedly, the respondent No.3, an Associate Professor, was appointed to the Board on deputation. The relevant provision relating to recruitment on deputation reads as follows: “(b) DEPUTATION: (i) Administrator/Education Administrator of the level of the Deputy Secy. of the State Govt. or an equivalent post; (ii) Principal of Govt. Degree College/Addl. Director of Edn./Dy. Registrar of a Univ. or an equivalent post with 5 years regu. service in the grade. The deputation period will be limited to three years in the first instance, with maxm. Period of deputation extendable upto 4 years. The pay/salary payable to deputationist will be in accordance with the State rules governing the deputation.” 10. The point of controversy is there on the point as to whether the post of Associate Professor is equivalent to the post of either Addl. Director of Education or Dy. Registrar. According to the affidavit submitted on behalf of the State, the respondent No.3 who was working earlier with the Board in different capacities was found most suitable and hence was appointed on the post of Secretary after being fully aware of the fact that the post of Associate Professor is equivalent to that of Addl. Director of Education. 11. Stand which has been taken on behalf of the respondent No.3 is that if the post of Associate Professor is not considered to be higher than the post of Deputy-Registrar then at least it is equivalent to the post of Deputy Registrar. In support of this stand, a document as annexed as Annexure-B/9 to the Additional affidavit filed by the respondent No.3 on 13.5.2016 has been pressed into service which relates to scheme of revision of pay wherein pay scale of Dy. Registrar/Dy. Finance Officer/Dy. Controller of examination has been shown as below: “(a) On appointment as Deputy Registrar/ Deputy Finance Officer/ Deputy Controller of Examination, pay shall be fixed in the pay Band of Rs.15600-391 - with a grade Pay of Rs.7600. They shall move to the pay Band of Rs.37400-67000 with a Grade Pay of Rs.8700, after completing 5 years of service as Deputy Registrar/Deputy Finance Officer/Deputy Controller of Examination. They shall move to the pay Band of Rs.37400-67000 with a Grade Pay of Rs.8700, after completing 5 years of service as Deputy Registrar/Deputy Finance Officer/Deputy Controller of Examination. On moving to the higher pay Band, they shall continue to be designated as Deputy Registrar/Deputy Finance Officer/Deputy Controller of Examination. (b) The pay of all incumbent Deputy Registrars/Deputy Finance Officers/ Deputy Controller of Examination shall be fixed in the pay Bands of Rs.15600-39100 with Grade Pay of Rs.7600 or Rs. 37400-67000 with Grade pay of Rs.8700, as the case may be, depending on length of service in the post; provided that all those who have completed 5 years of service in the pre-revised pay scale of Rs.1200-18300 as on 1.1.2006 shall be placed at an appropriate stage in the pay Band of Rs.37400-67000 with the grade pay of Rs.8700/-” Thus, it is evident that the pay Band of Deputy Registrar on appointment would be at Rs. 15600-39100 with a Grade Pay of Rs.7600. However, after completion of 5 years the Pay Band would be at Rs.37400-67000 with grade pay of Rs.8700 whereas pay Band of lecturer(Senior Grade/Reader/College Librarian (SG) Physical Education Lecturer (SG) with 3 years regular service in selection grade who were re-designated as Associate Professor as per office order dated 12th August, 2011 issued by the Governor (Annexure-B/5) would be Rs.37400-67000 plus AGP Rs.9000/-. That is to say that leaving grade pay or AGP, the pay scale of Deputy Registrar completing 5 years on that post and the pay scale of Associate Professor is the same and thereby even if post of Associate professor is not taken to be higher than the post of Deputy Registrar, it is equivalent to the post of Deputy Registrar. 12. Further, from the recruitment rules relating to appointment on the post of Addl. Director of Education (U) as has been annexed as Annexure/10, it does appear that feeder post for promotion on the post of Addl. Director of Education are Senior lecturer/lecturer of Govt. colleges/College Development officer of Education Department who have put in at least 10- years regular service in their respective grade. In case of Senior lecturer/College Development Officer, their services as lecturer shall be counted while computing the period of 10 years regular service. Director of Education are Senior lecturer/lecturer of Govt. colleges/College Development officer of Education Department who have put in at least 10- years regular service in their respective grade. In case of Senior lecturer/College Development Officer, their services as lecturer shall be counted while computing the period of 10 years regular service. In this regard, it be further noted that as per the office order issued by the Governor of Manipur on 12.8.2011 as contained in Annexure-B/5 lecturer (Sr. scale) and lecturer (Selection Grade) having less than 3 years designated as Asstt. Professor is having pay scale of Rs.15600-39100/- whereas Associate Professor kept under PB No.4 is having pay scale of Rs.37400-67000 and as such in the hierarchy of the posts Associate Professor is above the Assistant Professor. Since the post of Assistant Professor is the feeder post for appointment on promotion to the post of Addl. Director of Education, post of Associate Professor can be equated with the post of Additional Director. On account of this reason, statement has been made on behalf of the respondent No.3 that Associate Professor of the Government Colleges is being appointed as Additional Director and to substantiate his plea, one such order has been annexed as Annexure-B/11 which fact has never been denied on behalf of the petitioner. 13. Under the circumstances, there appears to be no doubt that post of Associate Professor is equivalent to the post of Additional Director of Education/Deputy Registrar of University and thereby we do not find any illegality with the appointment of respondent No.3 as Secretary to the Board of Secondary Education and thereby this application being devoid of merit is hereby dismissed.