Md.Nizamuddin vs State of Manipur and Ors.

Heard Mr.H.NK Singh, learned senior counsel assisted by Mr.Kh.Babulindro, learned counsel for the petitioner as well as Mr.Th.Ibohal, learned GA for respondent nos.1 to 4 and Mr.N.Kerani Singh, learned senior counsel assisted by Mr.N.Umakanta, learned counsel for respondent no.5.

[2] By this writ petition the petitioner is asking the following prayer:

�(i) to issue a writ of Mandamus or such other appropriate writ which the Hon''ble High Court may deem fit, proper and just;

(ii) to issue an appropriate order or direction quashing the notification dated 19.1.2006 (AnnexureA/5) thereby fixing the schedule of the D.P.C to be held on 7.2.2006 at 2 p.m. as ultravires the relevant Rules;

(iii) to pass such other order or orders directing the respondents to consider the case of the humble petitioner for promotion to the post of Head Master as per the relevant Rules;

(iv) to pass such other order or direction which the Hon''ble High Court may deem fit, proper and just in the light of the above facts and circumstances of the case;

(v) to pass an interim direction thereby staying the operation of the impugned notification dated 19.1.2006 (AnnexureA/5) pending disposal of the present writ petition;

(vi) AND to pass such other appropriate interim order which the Hon''ble High Court may deem fit, proper and just for the ends of justice and of equity.�

[3] The fact which gives rise to filing of the present writ petition, stated in short, is that; admittedly the School, i.e. Rahmania Aided High School, Kshetrigao is a Government Aided High School and appointment of teachers as well as the manner of extension of grantinaid to the said school is governed by the Manipur Education Code, 1982. Admittedly, the petitioner was appointed as teacher of the school on 1.10.80 and his educational qualification is graduate (B.A). According to the seniority list of teaching staff as on 21.1.2006, copy of which is available at AnnexureA/2 to the present writ petition, of the said School i.e. Rahmania Aided High School, the petitioner is the senior most approved teacher having the qualification of graduate.

[4] Section V of the Manipur Education Code, 1982 called �Rules Governing Grantinaid to Schools Rules, 1977� is also applicable in the said Rahmania Aided High School. Under Rule III of the GrantinAid to Schools Rules, 1977 appointment to the post of Headmaster of the grantinaid School shall be made on the recommendation of the Selection Committee consisting of :

�(i) District Education Officer/Zonal Inspectorate of SchoolsChairman,

(ii) Deputy Inspector of Schools Secretary

(iii) Headmaster of the Government High School at the Zonal/District Head QuarterMember

(iv) One NonOfficial member nominated by Director of Education/Director of Primary Education (for Primary Schools)Member.

(v) One member of the Managing Committee to be elected by the Managing Committee)Member

(b) For High/Higher Secondary and Junior High Schools: The Selection Committee for the post of Headmaster/Principal shall be formed as under:

(i) Secretary (Education) Chairman

(ii) Director of Education Member

(iii) District Education Member Secretary Officer Inspectorate of Schools

(iv) Member of the Member Managing Committee�

Rule 8 of the Manipur GrantinAid Rules, 1977 prescribes the qualification of the teaching staff in the grantinaid schools. According to Rule 8, the qualification prescribed for teachers in the Government Schools of the corresponding categories shall mutatismutandis apply to the Aided Schools also. Any amendment in the qualifications made by the Government for the Government schools shall automatically be applicable to the aided schools. According to the said Rule, 1977 minimum qualification of a Headmaster of Government Aided High School should be a trained Graduate i.e. BT/B.Ed.

[5] As stated above the petitioner is not a trained graduate and further the learned Government Advocate appearing for respondent nos.1 to 4 submits that as per the recruitment Rule for appointment to the post of Headmaster in the Government High Schools, he/she should be a trained Graduate and this fact has not been denied by any of the parties in the present writ petition.

[6] The learned senior counsel appearing for the petitioner only submits that appointment to the post of Headmaster of Rahmania Aided High School should be according to the relevant Recruitment Rules framed by the Governor of Manipur in exercise of its power under proviso to Article 309 of the Constitution of India. He also further submits that the only apprehension of the petitioner of the present petition is that the appointment to the post of Headmaster may be made by following the relevant Recruitment Rules and that an ineligible candidate may be taken into consideration by the competent authority while making appointment by promotion to the post of Headmaster of Rahmania Aided High School. In reply, the learned senior counsel appearing for respondent no.5 submits that while making appointment to the post of Headmaster by promotion, the concerned authority will strictly follow the relevant recruitment Rules and instructions. Learned senior counsel appearing for respondent no.5 also draws attention of this court to Resolution No.4 of the School Managing Committee, in its meeting held on 2.3.2005 (AnnexureX/1) to the counter affidavit of respondent no.5 which reads as follows:

�EXTRACT RESOLUTION COPY OF THE SCHOOL MANAGING COMMITTEE MEETING HELD ON 02.03.2005

Resolution No.4.

Resolved that in order to fill up the vacant post caused by the expired of Md.Riaz Khan, Headmaster, Rahmania High School, Md.Samshir Ali is the most qualified unapproved trained graduate teacher for appointing as a new Headmaster of this School. According to the seniority list, Mrs.Waheeda Begum is the 2nd Sr.unapproved trained graduate teacher and will sent them to attend DPC when the date and time fixed by the ZEO, CD (Zone) II, Imphal East, Porompat with the following four senior graduate teachers.

1.Md.Nizamuddin approved Graduate Teacher Untrained.

2.Md.Abdul Majid approved Graduate Teacher Untrained

3.Mrs Rashida BegumUnapproved graduate teacher Untrained.

4.Kh.Apabi Singh Unapproved graduate teacher Untrained.

Sd/(Md.Muhammuddin Shah)

Chairman

Managing Committee

Rahmania High School.�

[7] Taking into consideration of the submission of learned counsel of both the parties, this writ petition is disposed of by directing the respondents to appoint eligible person to the post of Headmaster of the said Rahmania High School according to the relevant Recruitment Rules and instructions included in the Manipur Education Code, 1982 and relevant recruitment rules for the post of Headmaster of Government Aided High School framed by the Government of Manipur.

With the above observation and direction the writ petition is disposed of. Interim order, if any, stands vacated.