DHARMVEER SINGH Vs. STATE OF U P

JUDGEMENT

(1.) V. M. Sahai, J. The short question that arises for consideration in this peti tion is whether B. Ed. teachers training certificate could be treated to be minimum qualification for appointment on the post of Head Master of a recognised Junior High School as envisaged by Rule-4 (2) (b) of the Uttar Pradesh Recognised Basic Schools (Junior High Schools) (Recruit ment and Conditions of Services of Teachers) Rules, 1978 (in brief Rules 1978 ).

(2.) ADARSH Janta Junior High School, Krishna Nagar, Ganga Khadar, Hastinapur, Meerut (In brief institution) is a recognised and aided institution. It is not owned or maintained by Uttar Pradesh Board of Basic Education (in brief Board) or any local body recognised by the Board. A put'-HO managing committee manages, the institution. Service conditions of Teachers are governed by Rules 1978.

(3.) SHRI Ganguly the learned counsel for the petitioner has urged that Rule 4 (2) prescribes the minimum qualification for appointment to the post of head master of a recognised Junior High School. It provides that the candidate must possess a degree from the recognised university or an equivalent examination recognised as such and a teacher's training course recog nised by the State Government or the Board and three years teaching experience in recognised schools. He urged that the respondent No. 4 possessed B. Ed, teachers training certificate which is not a recognised teachers training certificate prescribed under the Rule, therefore, the respondent did not possess the minimum qualification as provided by Rule 4 (2) (b) of the Rules 1978. And he was not eligible to be appointed head master of the institu tion. He further urged that the appoint ment of respondent No. 4 was made without issuing any proper advertisement of vacancy in newspaper having wide cir culation as provided by Rule 7. The learned counsel lastly urged that the com mittee of management which appointed respondent No. 4 having been found to be fictitious and signatures of its manager having been cancelled the appointment made by the management was illegal and it must be held invalid.