MAHBOOB HUSAIN Vs. STATE OF U P

JUDGEMENT

(1.) Present writ petition has been filed by the petitioner, questioning the validity of order dated 04. 11. 2008 passed by District Inspector of Schools, Shahjahanpur, addressed to Manager, Zila Prishad Inter College, Khudaganj, Shahjahanpur, asking him to hand over the charge of ad-hoc Principal to the person placed at serial No. 2, who fulfils the requisite eligibility criteria for being appointed as Head Master of High School under U. P. Act No. 2 of 1921. In the district of Shahjahanpur there is recognized institution known as Zila Prishad Inter College, Khudaganj, Shahjahanpur, the affairs of which are run and managed strictly as per the provisions of U. P. Act No. 2 of 1921. Selection and appointments of teaching and non-teaching staff in the institution is made as per the provisions as contained under U. P. Act No. 5 of 1982 and the Regulations framed thereunder. In the said institution one Sukh Lal Gangwar had been performing and discharging duties as Head Master on ad-hoc basis in the vacancy which had caused on account of transfer of regularly selected Head Master. After Sukh Lal attained the age of superannuation on 30. 06. 2008, the petitioner being senior most teacher in the institution was given charge of Head Master and his signatories were also attested. Thereafter, Sohan Singh, respondent No. 4 filed wit petition No. 29165 of 2008 before this Court with prayer to take decision on the representation preferred by him. In the said writ petition, it appears that counter affidavit had been invited and in between on 04. 11. 2008, order impugned has been passed, which is subject matter of challenge in present writ petition. Sri Anil Kumar Tiwari, learned counsel for petitioner, contended with vehemence that once petitioner is the senior most teacher in the institution, then in terms of Section 18 of U. P. Act No. 5 of 1982, it is petitioner who is entitled to function as Head master of the Institution and it is not necessary that for the post of ad-hoc Principal, the incumbent should fulfil the eligibility criteria provided for under Appendix A of Chapter II of U. P. Act No. 2 of 1921, as such writ petition deserves to be allowed. Countering the said submission, learned Standing Counsel as well as Sri Amit Kumar Singh and Sri A. K. Srivastava, Advocates, contended that once petitioner is ineligible and does not fulfil the eligibility criteria provided for under Appendix A of Chapter II of U. P. Act No. 2 of 1921, as such, by no stretch of imagination, petitioner could be permitted to function as Head of the institution, as such no interference be made. After respective arguments have been advanced, factual position which emerges is that this fact has not been disputed that the petitioner is the senior most teacher in L. T. Grade in the institution concerned. This fact has also not been disputed that educational qualification of the petitioner is graduation with JTC. The qualification for the post of Principal has been prescribed in Appendix A of Chapter II of U. P. Act No. 2 of 1921. The said qualification is reproduced as below: Essential Qualification Sl. No. Name of the post and Educational Training Experience Age Description of qualification 1 2 3 4 (1) Head of the institution Minimum 30 years (1) Trained M. A. or M. Sc. or M. Com. or M. Sc. (Agrl) or any equivalent post graduate or any other degree which is awarded by corporate body specified in above mentioned para one and should have at least teaching experience of four years in classes 9 to 12 in any training institute or in any institution or University specified in above mentioned para one or in any degree college affiliated to such University or institution, recognised by Board or any institution whose examinations are recognized by the Board, or should the condition is also that he/she should not be below 30 years of age. or (2) First or Second Class Post-graduate degree along with teaching experience of ten years in Intermediate Classes of any recognized institution or third Class Post-graduate degree with teaching experience of fifteen years. or (3) Trained post-graduate Diploma holders in Science. The condition is that he has passed this diploma course in first or second class and have efficiently worked for 15 years or 20 years respectively after passing such diploma course. Notes.- Assistant Teaches having at least second class post- graduate degree and specified teaching experience of ten years in Intermediate Classes of a recognised institution may be exempted from training qualification, (as per the provisions contained in the Act ). (2) Teaching experience includes teaching prior to or after teaching or both. (3) Higher classes means classes from 9 to 12 and experience of teaching these classes is admissible for the post of Head Master of Intermediate College. " The word 'trained' has been explained in Clause 2 of the Appendix A as follows: " (2) Under it in reference to prescribed qualifications the word "trained" means post-graduate training qualification such as, L. T. , B. T. , B. Ed. S. C. or M. Ed. of any University or institution as specified in earlier para or any equivalent (Degree or Diploma ). It also includes departmental A. T. C. and C. T. with minimum teaching experience of five years. J. T. C. /b. T. C. grade teacher shall also be considered to be C. T. if he has worked in C. T. Grade at least for five years. " Under Appendix A of Chapter II of U. P. Act No. 2 of 1921, for the post of Head Master of recognized High School essential qualification is Master's degree with four years experience of teaching class IXth to XIIth or alternatively Masters Degree with teaching experience of 10 years and in case Master Degree is in third division, then teaching experience of 15 years and alternatively trained Post Graduate Diploma Holder in Science with experience of fifteen years. In the present case, petitioner is not at all possessed of any of the three alternative qualifications provided for being treated as eligible to be appointed as Head Master of the institution in question. This Court in the case of Shamsul Zama vs. District Inspector of schools, Chandauli, 2001 (2) LBESR 694 has taken the view that an incumbent, who is not qualified for being appointed as Principal, cannot be appointed as ad-hoc Principal. Said judgment has again been followed in the case of Ram Chandtra Shukla Vs. State of U. P. and others, 2008 (1) UPLBEC 306, wherein view has been taken that if an incumbent does not possess Post Graduate Degree, which is essential qualification, he has no claim to be appointed as ad-hoc Principal. Consequently, in the facts of the present case once this is admitted position that petitioner does not fulfill the eligibility criteria provided for under Appendix A of Chapter II of U. P. Act No. 2 of 1921 for being appointed as Head Master of the institution, then he cannot be permitted to function on ad-hoc basis on the post in question. Writ petition lacks substance and the same is dismissed. .