RAMESH CHANDRA Vs. STATE OF M. P.

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution seeking a writ of mandamus directing the respondents to "continue to absorb the petitioner in the post of Principal and treat him as such for all purposes."

(2.) THE petitioner entered into the service of the Janpad Sabha, Lakhnadon, on July 1, 1954. He was appointed Assistant Teacher in a school managed and controlled by the said Janpad. He continued in service in various schools until September 30, 1969. During this period of his Continuous service, on July 1, 1951, he was promoted as Principal of a Higher Secondary School under the control and management of the said Janpad, in which post he was subsequently confirmed by the Janpad with effect from November 1, 1968.

(3.) THE petitioner was a trained graduate (B.A.B.T.). He had worked on the post of Head -Master. Principal since April 1, 1959 that is, for more than 7 years as on October 1, 1969, in the same institution; and he had teaching experience since July 1, 1954. i.e. more than 10 years. Thus, he satisfied the second and third conditions, but not the first. The degree of Bachelor of Teaching is not a post -graduate degree. Since the petitioner did not possess a post -graduate degree, he could not be absorbed either as principal or even as a Lecturer under the main rule 3. He was eligible to be absorbed only as an Upper Division Teacher. However by virtue of the proviso (a), he was absorbed as a Lecturer.