Allahabad High Court
Yogendra Nath Singh vs State Of U.P. And Others on 8 July, 2021
Bench: Ashwani Kumar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 33
Case :- WRIT - A No. - 7238 of 2021
Petitioner :- Yogendra Nath Singh
Respondent :- State of U.P. and Others
Counsel for Petitioner :- Siddharth Khare
Hon'ble Ashwani Kumar Mishra,J.
This writ petition is directed against an order, dated 5th March, 2021, passed by the Joint Director of Education, Varanasi Region, Varanasi, contained in Annexure 10 to the writ petition, wherein petitioner's claim for being permitted to officiate as Head Master of Subhash Inter College Gharihan, District Ghazipur has been turned down. The order impugned records that petitioner's qualification of Bachelor in Physical Education is not a valid qualification for the post of Principal in an Intermediate Institution.
Learned Senior Counsel for the petitioner submits that institution in question substantively retains its character of a High School since its up-gradation to Intermediate level is vittaviheen (without aid from the State).
Learned Standing Counsel on the other hand submits that once the institution is upgraded to Intermediate level, the post of Head Master ceases to exist and the post of Principal alone would exist in such Institution. Argument is that post of head of institution in an Intermediate institution is Principal and not Head Master.
The order impugned records that institution has already been upgraded to the intermediate level without aid and, therefore, it is sought to be urged by Sri Khare that the post of head of institution remains that of a Head Master for which requisite qualification is possessed by the petitioner. Submission is that post of Head Master would not stand upgraded to Principal since upgradation is without aid.
A Division Bench of this Court in Smt. Manju Awasthi and others Vs. State of U.P, 2013 (3) ADJ 64 examined similar exigency where a Junior High School was upgraded to the High School. The Division Bench after examining the scheme proceeded to hold that even in case of upgradation without aid the scheme contemplates creation of skeleton of post to man the institution.
The principle culled out from paragraphs 59 and 62 of the judgment in Smt. Manju Awasthi (supra) would remain the same whether institution is upgraded without aid from Junior High School to High School or High School to Intermediate. Creation of skeleton of post to man the institution would be assumed to exist. Since in the present case, the institution has been upgraded to Intermediate level under Section 7A(a) of the U.P. Intermediate Education Act, 1921, the post of Head of the Institution in the upgraded institution would have to be that of the Principal and not the Head Master.
In view of the Full Bench Judgment rendered in the case of Amal Kishore Singh Vs. State of U.P. and others, Special Appeal No. 1247 of 2013, decided on 10.10.2018 and in view of the prescription of qualification contained in Chapter II Regulation 1 of the Intermediate Education Act, 1921, the qualification of Bachelor in Physical Education is not a valid qualification for the post of Principal. No interference with the order impugned, therefore, is called for.
The writ petition, accordingly, is dismissed.
Order Date :- 8.7.2021
Ranjeet Sahu
