Allahabad High Court
C/M Shri Govind Singh Inter ... vs State Of U.P. Thru. Addl. Chief ... on 25 May, 2022
Bench: Rajan Roy
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 4
Case :- WRIT - A No. - 2906 of 2022
Petitioner :- C/M Shri Govind Singh Inter College Thru. Its Manager Tarak Dutt Singh Rautapur Raebareli
Respondent :- State Of U.P. Thru. Addl. Chief Secy. Secondary Education Lko. And 3 Others
Counsel for Petitioner :- Dr. V.K. Singh,Ram Singh
Counsel for Respondent :- C.S.C.,Sanjay Kumar Singh
WITH
Case :- WRIT - A No. - 3097 of 2022
Petitioner :- C/M Shri Govind Singh Inter College Thru. Its Manager Tarak Dutt Singh Rautapur Distt. Raebareli
Respondent :- The State Of U.P. Thru. Addl. Chief Secy. Secondary Education Lko. And 3 Others
Counsel for Petitioner :- Dr. V.K. Singh,Ram Singh
Counsel for Respondent :- C.S.C.,Sanjay Kumar Singh
Hon'ble Rajan Roy,J.
Connect along with Writ-A No.3097 of 2022 [C/M Shri Govind Singh Inter College vs. State of U.P. & Ors.].
Counter affidavit filed on behalf of opposite party no.4 in both the writ petitions are taken on record.
Heard.
The petitioner-Committee of Management had sent a proposal to the D.I.O.S. for appointment of Sri Gaurav Rajpoot, Lecturer (Geography) as adhoc Principal under Section 18 of the Act, 1982. The said proposal has not been accepted by the D.I.O.S. on the ground that Sri Anurag Singh, Lecturer in Political Science is the senior most Lecturer in the Institution whereas his name has not been sent. The challenge to the aforesaid decision of the D.I.O.S. dated 26.04.2022 is on the ground that Sri Anurag Singh does not fulfill the educational qualifications as prescribed in Appendix-A of Chapter-II of the Regulations made under the Act, 1921 in the sense that he has completed the training course of B.P.Ed which is not the required qualification for appointment as Principal of an intermediate college such as the petitioner though it is sufficient for appointment as Principal of a high school. In this regard, learned counsel for the petitioner relies upon a Full Bench decision dated 10.10.2018 rendered in Special Appeal No.1247 of 2013 [Amal Kishore Singh vs. State of U.P. & Ors.], a copy of which is annexed with the counter affidavit of opposite party no.4 himself. On a perusal of the said Full Bench decision, the Court does find that, in fact, question no.(ii) before the Full Bench has been answered in negative so far as intermediate college is concerned. Relevant extracts of the said judgment i.e. para nos.47, 48 and 49 are reproduced below:-
"47. We, thus, answer question (i) in affirmative and question (iii) by holding that Vindhyachal Yadav does not lay down the correct law. However, question (ii) has to be answered, subject to certain riders. A B.P.Ed. degree being a post graduate training qualification, would entitle a person to hold post of Headmaster of a recognised High School but not that of Principal of an Intermediate college. The reason is that under Regulations, 2001 as well as under Minimum Qualification Regulations, 2014 framed by NCTE, B.P.Ed. is recognised as eligibility qualification for teaching Classes IX - X (Secondary/ High School) but not for Classes XI - XII (Senior Secondary/Intermediate). For teaching Intermediate classes, the person should possess M.P.Ed. degree of at least two years duration from any National Council for Teacher Education recognised institution. These regulations do not prescribe any separate qualification for Head of institution and thus the qualification prescribed for a teacher of Intermediate classes (Senior-Secondary) would also apply to Head of such an institution. We have already held above that the qualifications prescribed by NCTE would be binding on the State, therefore, the qualifications prescribed by Minimum Qualification Regulations, 2014 have to be read alongwith Appendix-A and thus, a teacher possessing B.P.Ed. degree, would not be eligible to hold post of Principal of an Intermediate College.
48. We, thus, reply to question (ii) by holding that a teacher in physical education having B.P.Ed. degree is eligible to be appointed as Headmaster of a High School, but not as Principal of an Intermediate college.
49. The Reference is answered accordingly. "
In view of the aforesaid decision, Sri Anurag Singh as he possess the training qualification of B.P.Ed is not eligible for appointment as Principal of an intermediate college such as the petitioner an aspect which has escaped notice of the D.I.O.S. However, at this stage, Sri Sanjay Kumar Singh, learned counsel for opposite party no.4 submits that Sri Gaurav Rajpoot whose name has been forwarded by the petitioner does not have any training qualification whatsoever nor any experience as required in law nor does he fulfill the minimum required age of 30 years prescribed in Appendix-A aforesaid. On being confronted, learned counsel for the petitioner could not satisfy the Court on this count. However, as Sri Gaurav Rajpoot is not before the Court, therefore, instead of drawing any conclusive opinion in this regard, for the reasons already mentioned hereinabove, the impugned order of D.I.O.S. dated 26.04.2022 is quashed. The D.I.O.S. shall now revisit the matter on the basis of seniority list of Lecturers in the petitioner-Institution and then he shall proceed to appoint adhoc Principal in the Institution one who fulfills the requirements as per Section 18 of the aforesaid Act and the qualifications and experience prescribed for the post. The petitioner shall now send a proposal for appointment of ad-hoc Principal keeping in mind the requirements of Section 18 of the Act, 1982 as also the qualification, age, experience etc prescribed for the post in Appendix-A of Chapter-II of the Regulations made under the Act, 1921 and the provisions contained in the Rules, 1998 framed under the Act. It shall be done within fifteen days. If the petitioner fails to do so, the D.I.O.S. shall himself proceed in the matter and take a considered decision in the light of the aforesaid based on the seniority list of Lecturers of the petitioner's Institution. He shall take a decision in the aforesaid eventuality within fifteen days of expiry of the period provided to the petitioner for sending the proposal. The D.I.O.S. shall specifically see as to whether Sri Gaurav Rajpoot possesses the requisite qualification, experience and age for the post of Principal or not
In view of the reasons aforesaid, the approval granted by the D.I.O.S. vide Annexure no.1 dated 12.05.2022 regarding appointment of opposite party no.4-Sri Anurag Singh as Principal of the Institution is also quashed.
Both the writ petitions are allowed subject to the observations and directions noticed hereinabove.
(Rajan Roy,J.)
Order Date :- 25.5.2022
Shanu/-
