(1.) In the district of Mathura, there is an institution known as Ramroop Junior High School, Barauth, District Mathur, which is duly recognized institution under the provisions of U.P. Basic Education Act, 1972. Selection and appointment on the post of Head Master/ Assistant Teacher is to be done as per provisions of U.P. Recognized Basic Schools (Junior High School) (Recruitment and Condition of Service of Teachers) Rules, 1978. In the institution concerned, petitioner had been performing and discharging duties as Assistant Teacher. Post of Head Master fell substantively vacant on account of attaining age of superannuation by one Sri Bhanwar Singh Jayas on 30.06.2001, and by virtue of being senior most Assistant Teacher, petitioner was handed over charge of officiating Head Master. It has been contended that exercise was undertaken for filling up the post of Head Master by way of direct recruitment, and in this regard permission was sought from District Basic Education Officer, and requisite permission was accorded on 21.07.2003. Thereafter, post in question was advertised in news papers Dainik Jagaran and Amar Ujala on 25.07.2003 and 26.07.2003 respectively. Request was made for sending of an observer, and one Sri P.K. Upadhyaya, Assistant District Basic Education Officer was appointed as observer, and one Sri Amar Singh was nominated by the Committee of Management as one of the members of the Selection Committee. It has been contended that thereafter on 10.08.2003 selection proceedings took place, wherein, in all 44 candidates had applied, out of whom only 24 appeared and participated in the selection proceeding. Petitioner has contended that he was best in the merit, as such his name was finalized, and papers were transmitted to the District Basic Education Officer, for the purposes of according approval. It has been stated that after papers had been received, various objections were raised by the District Basic Education Officer, and the Committee of Management, in its turn, replied the said objections. Thereafter, again objections were reiterated in order dated 28.10.2003. Meanwhile Civil Misc, Writ Petition No.52437 of 2003 had been filed questioning the validity or order dated 05.09.2003 by the petitioner. Said writ petition was finally decided on 18.01.2007. Pursuant to directive issued by this Court, matter has been reconsidered, and thereafter claim of petitioner has been rejected. At this juncture, present writ petition has been filed.
(2.) Sri Vashisth Tiwari, learned counsel for the petitioner, contended with vehemence that in the present case, District Basic Education Officer has totally transgressed and over stepped his jurisdiction, and on totally unsustainable grounds, claim of petitioner has been sought to be non-suited, as such order impugned is unsustainable and is liable to be quashed. Learned Standing Counsel, Sri K.K. Chand, on the other hand, contended that entire exercise which has been undertaken by the Committee of Management of the institution for making selection and appointment on the post of head Master is in breach of statutory Rules, and clearly an act of manipulation and manoeuvring as such appointment of petitioner cannot be subscribed by any means.
(3.) After respective arguments have been advanced, the factual position, which emerges is to the effect that the appointment on the post of Head Master of a recognized Junior High School is governed by the provisions of U.P. Recognized Basic Schools (Junior High School) (Recruitment and Condition of Service of Teachers) Rules, 1978. Rule 4 of the said Rules deals with minimum qualification and provides that the minimum qualifications for the post of Assistant Teacher of a recognized school shall be Intermediate Examination of the Board of High School and Intermediate Education, Uttar Pradesh or equivalent examination with Hindi and a teacher's training course recognized by the State Government or the Board such as Hindustani Teaching Certificate, Junior Teaching Certificate, Basic Teaching Certificate, or Certificate of Training. Sub-rule (2) of Rule 4 provides that for appointment to the post of Headmaster of a recognized school, a candidate should possess a degree from a recognized University or an equivalent examination recognized as such; a teacher's training course recognized by the State Government or the Board, such as Hindustani Teaching Certificate, Junior Teaching Certificate, Certificate of Training or Basic Teaching Certificate; and three years teaching experience in a recognized school. Rule 5 specifically provides that no person shall be appointed as Headmaster or Assistant Teacher in substantive capacity in any recognized School unless he possesses the minimum qualifications prescribed for such post and he has been recommended for such appointment by the Selection Committee. In the present case advertisement in question has been perused; it mentions that Head Master is required to have qualification of B.A. with B. Ed. and five years experience. The said advertisement is totally in contravention of the the provisions of U.P. Recognized Basic Schools (Junior High School) (Recruitment and Condition of Service of Teachers) Rules, 1978. Sub-rule (2) of Rule 7, which deals with advertisement of vacancy, provides that in every advertisement and intimation under clause (1), the management shall give particulars as to the name of the post, the minimum qualifications and age limit, if any, prescribed for such post and the last date for receipt of application in pursuance of such advertisement.