MAMTA RANI MISHRA Vs. MUNICIPAL CORPORATION

JUDGEMENT

(1.) THIS is a writ petition under Articles 226 and 227 of the Constitution of India challenging the notice dated 13-10-1995 of the respondent No. 1 calling for applications to fill up the post of Principal and for a direction to promote the petitioner on that post.

(2.) IT is not in dispute that a College known as "pandit Loknath Shastri Sanskrit Mahavidhyalaya" (hereinafter to be referred to as the 'college') is being run by respondent No. 1 Municipal Corporation, Jabalpur which is affiliated to respondent No. 6 Avadhesh Pratap Singh Vishwavid-hyalaya, Rewa. The pattern of education in the College is known as "prachya Vidhya Pranali". Sanskrit and other subjects are being taught to the students under this system. The political science is one of them. Hindi is also being taught. Petitioner Mamta Rani Mishra is "acharya" in Sanskrit and M. A. in Political Science. She is working as a Lecturer in the College from 19-2-1983. In Writ Petition No. 2602 of 1994 by order dated 30-8-1995, the respondent No. 1 was, inter alia, directed to consider the case of the petitioner being the senior most Lecturer for promotion as Principal. A copy of the said order is Annexure A-14. Respondent No. 5 Mathura Prasad Garg is working as Lecturer in this College from 24-8-1995. He is in current charge of the post of Principal also. This is officiating arrangement. The respondent No. 1 is intending to fill up the post of Principal by "direct recruitment" and not by promotion. In the impugned notice dated 13-10-1995 it has been specified that the incumbent must possess the Degree of Acharya or M. A. in Sanskrit and must have the "experience of teaching in Sanskrit" in an institution imparting education on the pattern of Prachya Vidhya Pranali. The applications have been invited only from amongst the persons teaching in schools being run by the Municipal Corporation, Jabalpur. It is also not disputed that except this College no other school or college run by the Municipal Corporation imparts education on Prachya Vidhya pattern. No one else except the respondent No. 5 satisfies the condition of teaching Sanskrit on Prachya Vidhya pattern. The terms and conditions of affiliation issued by respondent No. 6 University prescribe only "acharya" degree or "m. A. in Sanskrit" as qualification for filling up the post of Principal of the College. The requirement of the experience of teaching Sanskrit under Prachya Vidhya Pattern has not been provided as a qualification for preference in the matter of appointment to the post of Principal. The petitioner has been in fact teaching Hindi in the College.

(3.) THE petitioner's case is that she is much senior to the respondent No. 5 on the post of Lecturer. The post of the Principal can be filled up only by promotion and not by direct recruitment as per M. P. Educational Service (Collegiate Branch) Recruitment Rules, 1990 (hereafter to be referred to as the "collegiate Branch Rules" ). As per Rule 6 of Schedule II the post of Principal of a College can be filled up "100% by way of promotion". The petitioner is Acharya in Sanskrit which is equivalent to Degree of M. A. in Sanskrit and therefore she is possessed of the basic qualification for the post of Principal. In the past also the post of the Principal has been filled up by promotion only. The conditions provided in the impugned notice are "tailor-made" with an eye upon the respondent No. 5 only.