JAGDISH PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) By this writ the petitioner seeks the issuance of a writ of Quo Warranto questioning the appointment of the respondent No. 4 and assailing his continuance as the Principal of the Institution, Swami Yoganand Purva Madhyamik Vidyalya Saifpur, Chandauli.

(2.) The petitioner contends that he is a founder-member of the Society running the Institution aforementioned and remained Manager of the Managing Committee of the Institution from 15th August, 1972 to March, 1989. He alleges that the respondent No. 4 came to be appointed on 7th December, 2004 as Principal of the Institution although he does not possess the H.T.C., J.T.C., C.T. or B.T.C. Certificates as required under the U.P. Recognized Basic Schools (Junior High Schools) (Recruitment & Conditions of Service of Teachers) Rules, 1978 (hereinafter referred to as the "Rules 1978").

(3.) Shorn of unnecessary details, the case of the petitioner is that the respondent does not have the certificates aforementioned and that his mere holding of a B.Ed. Degree would not qualify him to be appointed as Headmaster in the recognized Institution. It is the admitted cases of parties that the respondent No. 4 was appointed in 2004 and has continued to function as such till date. This writ petition itself came to be filed in January, 2010 when the same was entertained and the respondent was put to notice.