JAI PRAKASH SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) This appeal by special leave arises from the judgment of the Division Bench of the Allahabad High Court, made on September 3, 1985 in CMWP No. 174/85.

(2.) The admitted position is that the appellant was working as a Headmaster in a Junior High School from July 1974. In July 1976, the school was upgraded as a High School. The question had arisen for appointment of Headmaster to the said school. An advertisement was made for selection of the Headmaster. The appellant along with others had applied for and the Selection Committee constituted under Section 16-E of the U. P. Intermediate Education Act, 1921 selected the fifth respondent to the said post. Calling in question the selection of the fifth respondent, namely, Man Singh Verma, the appellant filed a writ petition and obtained stay. The writ petition was dismissed by the High Court, holding that the appellant was not possessed of the requisite qualification of four years experience and, therefore, the selection was not vitiated on that count.

(3.) Shri D. K. Garg, learned counsel for the appellant contends, that since at the time of upgradation of the school as full-fledged High School, the appellant was already having the requisite experience, and was working on ad hoc Headmaster, he would have been confirmed as promotee; therefore, the selection by the Committee was not necessary. Hence, the view of the High Court is not correct in law. We find no force in the contention. It is seen that under Regulation 2(1) of the Regulations made under the Act, the post of Head of an institution shall be filled by direct recruitment, after reference to the Selection Committee constituted under sub-section (1) of Section 16-F or, as the case may be, under sub-section (1) of Section 16-FF. Appendix A of Part V attached to the U. P. Secondary Education Services Commission Rules, 1983 lays down the qualifications which postulates "with an experience of teaching for at least four years in a training institution recognised by the Department or in higher classes of a recognised higher secondary school or in both combined or having at least four years experience as a trained Graduate Headmaster of a Junior High School recognised by the Department, provided also that he/she is not below 30 years in age."