GYANENDRA PAL TYAGI Vs. STATE OF U P

JUDGEMENT

(1.) Heard Shri P.N.Saxena, Senior Advocate assisted by Shri N.L.Pandey, Advocate on behalf of the petitioner and Shri Ashok Khare, Senior Advocate assisted by Shri Dheeraj Pal Singh on behalf of the respondent No. 5 and Standing Counsel on behalf of the other respondents.

(2.) Petitioner before this Court seeks quashing of the order of the Joint Director of Education, Meerut Region, Meerut (Annexure-5 to the writ petition). He submits that the Joint Director of Education has held that the respondent No. 5 being senior to the petitioner and being qualified is entitled to be appointed as Officiating Principal in the institution in view of Section 18 of the U.P. Secondary Education Services Selection Board, Act, 1982.

(3.) Challenging the order so passed, one short ground has been raised on behalf of the petitioner before this Court. It is stated that although respondent No. 5 may be senior to the petitioner but since he has to his credit a post graduation degree of M.A. and teaching qualification of BTC, he is not eligible/qualified for the post of Head Master/Principal of the institution in view of the provisions contained in Appendix-A to Chapter II of the regulations framed under the Intermediate Education Act, 1921. According to the petitioner unless a teacher is possessed of a Degree of B.Ed, as the teaching qualification, he is not eligible for the post of head of institution.