SHAMSHUL ZAMA Vs. DISTRICT INSPECTOR OF SCHOOLS CHANDAULI

JUDGEMENT

(1.) The question which requires consideration here is whether a senior most teacher in the Lecturer's grade is entitled to be promoted as an ad hoc Principal of the Institution if he does not possess the minimum qualification prescribed for the said post.

(2.) Shri Jiyut Prasad Yadav, who was the regular principal of the institution retired on 30.6.1999 after attaining the age of superannuation. The appellant Shamshul Zama, who holds a B.Sc. degree and a postgraduate diploma in Zoology, claimed that as he was the senior most teacher in the lecturer's grade, he was entitled to be promoted as ad hoc Principal of the Institution. Lalit Mohan Chaturvedi, respondent No. 4 refuted the claim of the appellant on the ground that as the appellant did not possess the prescribed minimum qualification, he could not be appointed as ad hoc Principal. The D.I.O.S. by his order dated 27.8.1999 directed the Committee of Management of the Institution to appoint respondent No. 4 itt the ad hoc Principal. The appellant preferred the writ petition challenging the aforesaid order but the same was dismissed by 1the learned single Judge on 25.5.2001.

(3.) There is no dispute on facts. The appellant Shamshul Zama does not possess any post-graduate degree. He is B.Sc. and has done post-graduate diploma in Zoology and is working as lecturer in the institution since 1.7.1967. The respondent No. 4 has done M.A. (Hindi) and M.Sc. (Mathematics) and is working as lecturer since 1971, The appellant having been appointed Lecturer earlier is obviously senior to respondent No. 4 but he does not possess the essential qualification for the post of principal.