ATUL KHANNA Vs. STATE OF U P

JUDGEMENT

(1.) ARUN Tandon, J. Heard learned Counsel for the petitioner, learned Counsel for the respondents and the learned Counsel for Basic Shiksha Board, Allahabad.

(2.) SMT. Satyawati Devi, respondent No. 3 approached this Court by means of W. P. No. 21327/04 against the order of District Basic Shiksha Adhikari refusing to accord approval to the appointment of respondent No. 3 as Head Mistress of Bal Deep Public School Santpura Govindpuri Modinagar, Ghaziabad on the ground that the petitioner was M. A. , B. Ed. and therefore did not possess the prescribed qualification for appointment on the post of Head Mistress in a recognized Junior High School. Before the learned Single Judge it was also contended on behalf of State respondents that SMT. Satyawati Devi was also not possessed of requisite teaching experience of three years in a recognized institution. Learned Single Judge accordingly dismissed the writ petition by means of judgment dated 28-5-2004.

(3.) IN the said order, despite noticing the direction of Division Bench of this Court, he did not record any finding on the issue referred by this Court namely (a) a candidate possessing B. Ed. degree could be appointed as Head Mistress in a recognized Junior High School or not, (b) whether experience certificate submitted by Smt. Satyawati can be treated as valid for the purposes of three years experience as prescribed under the rule as one of the essential qualification for appointment on the post of Head Mistress. This order did not contain any reasons.