POLINA ALEXANDER SINGH Vs. JOINT DIRECTOR EDUCATION, SAGAR

JUDGEMENT

(1.) THIS order shall also govern the disposal of Miscellaneous Petition No. 532 of 1993 (Mrs. Polina Alexander Singh v. Joint Director, Education, Sagar) and Miscellaneous Petition No. 1558 of 1994 (Mission Higher Secondary School, Damoh v. State of M.P.).

(2.) THE petitioner who is a Lecturer in Mission Higher Secondary School, Damoh has filed two petitions. In Miscellaneous Petition No. 532/93 relief sought is to quash the appointment of respondent No.4 as Principal of the School and to issue a writ of mandamus against the Mission Higher Secondary School, Damoh commanding the respondents to consider the case of the petitioner for promotion according to Rules as directed by this Court vide order dated 16.7.1992 in Miscellaneous Petition No. 2285 of 1992. In Miscellaneous Petition No. 1951 of 1993 the petitioner claims a relief for quashing of the advertisement issued by the Church of North India, Board of Secondary Education and Teachers Training (hereinafter called 'the CNI Board') of inviting applications for appointment of the Principal by way of direct recruitment and the selection and appointment of respondent No.4. Miscellaneous Petition No. 1558/94 has been filed by the Mission Higher Secondary School, Damoh through the Principal J. Prasad, who is respondent No. 4 in two petitions filed by the petitioner for quashing of the approval of the petitioner on the post of Lecturer, from the post of Upper Division Teacher to the Post of Lecturer, vide Annexure P -5 dated 12.1.1993 passed by the Joint Director of Education.

(3.) THE case of the petitioner is that action of the CNI Board in issuing advertisement for direct recruitment of the Principal of the School (Annexure P -12) and the amendment in qualification prescribing the 10 years minimum teaching experience and date of submitting application as 25the May, 1993, published by advertisement Annexure P -13, thereafter, selecting respondent No. 4 on the post of Principal of the School bye -passing the claim of the petitioner for promotion in accordance with the Madhya Pradesh Private Educational Institutions (Promotion of Teachers and other Employees Working in School) Rules 1988, (for short called the 'Rules of 1988') framed under section 10 of the Act of 1978, are illegal and deserve to be quashed.