AMAL KISHORE SINGH Vs. STATE OF U.P.,

JUDGEMENT

(1.) Heard Ms. Neha Rai Chaudhary, learned counsel for the appellant, Sri Rajeev Mishra, learned counsel for respondent no.5/petitioner and learned Standing Counsel for respondent nos. 1 to 3.

(2.) While hearing the present intra-court appeal arising out of the judgment and order of the learned Single Judge dated 16th Aug., 2013 passed in Writ-A No. 40949 of 2013 (Harish Chandra Vs. State of U.P. and 4 Others), one of the issues, which has cropped up for consideration before us is as to whether a teacher working in a recognized Intermediate College having to his credit a post graduate degree as well as B.P. Ed. can be said to be qualified for being appointed as Principal of the Intermediate College or not.

(3.) For appreciating the controversy, it is worthwhile to reproduce Appendix-A of Chapter II of the Regulations framed under the U.P. Intermediate Education Act, 1921, which reads as follows: "APPENDIX A (In reference to Regulation 1 of Chapter II) Minimum eligibilities for appointment of Heads and teachers in non-Government recognised Higher Secondary Schools.