Vindhyachal Yadav vs State of U.P. and Others

Krishna Murari, J.—Heard Shri Man Bahadur Singh, learned counsel for the appellant learned Standing Counsel for respondent Nos. 1 to 4 and Shri S.K. Mishra for respondent No. 5. This intra Court appeal filed under the Rules of the Court is directed against the judgment and order dated 27.4.2015 passed by learned Single Judge dismissing the writ petition filed by the petitioner-appellant challenging the order dated 14.10.2014 passed by District Inspector of Schools, Mau holding that petitioner-appellant lacks requisite qualification for appointment to the post of the Principal of the school.

There is an institution in the name of Bapu Inter College, Siyarahi, Mau, which is recognised upto Intermediate but grant-in-aid is provided only Upto High School. The officiating Principal of the institution on attaining the age of superannuation retired on 30.6.2014. The District Inspector of Schools, who was functioning as authorised controller of the institution wrote a letter to handover the charge of the officiating Principal to the petitioner-appellant. However, respondent No. 5 herein raised a dispute on account of which proceedings were initiated before the District Inspector of Schools in respect of rival claims. However, when despite the opportunities, no one appeared vide order dated 26.7.2014, signatures of petitioner-appellant were attested as officiating Principal of the institution. The order was challenged by respondent No. 5 by filing Writ Petition No. 41163 of 2014, which was disposed of vide order dated 8.8.2014 directing the District Inspector of Schools to pass appropriate orders after giving opportunities of hearing to all the parties. It was further directed that the order dated 26th July, 2014 shall abide by the fresh order passed by the District Inspector of Schools.

In pursuance to the aforesaid order, District Inspector of Schools issued notices to both the parties and after considering their claim found that the petitioner-appellant was not having minimum qualification prescribed for the post of Principal, rejected his claim.

The issue to be considered is as to whether the petitioner-appellant was having prescribed qualification and eligible to be appointed as officiating Head Master of the institution in question. The eligibility criteria for being appointed as Head Master and teachers in primary recognised higher secondary schools has been prescribed in Appendix A Regulation 1 of Chapter II. For a ready reference, the minimum qualification for appointment as a Head Master, which is relevant for the purposes of the present case is being quoted hereunder.

"APPENDDCA (In reference to Regulation 1 of Chapter II)

Minimum eligibilities for appointment of Heads and teachers in non-Government recognised Higher Secondary Schools.

Degree and diploma in concerned subject of any University established or regulated by or under any Central Act, Provincial Act or State Act, which is considered to be a University under Section 3 of the University Grants Commission Act, 1956, or of any such institution specially empowered by any Act of Parliament shall be recognised for the purpose of minimum qualifications prescribed under it.

Under it in reference to prescribed qualifications the word "trained" means post graduate training qualification such as L.T., B.T., B. Ed., B. Ed. Sc. or M. Ed. of any University or institution as specified in the earlier para or any equivalent (Degree or Diploma). It also includes departmental A.T.C. and C.T. with minimum teaching experience of 5 years''. J.T.C./B.T.C. Grae teacher shall also be considered to be C.T. if he has worked in C.T. Grade at least for 5 years''.

Essential Qualifications

Notes: (1) Assistant teachers having at least second class postgraduate degree and specified teaching experience of ten years in intermediate classes of a recognised institution may be exempted from training qualifications, (as per the provisions contained in the Act.)

(2) Teaching experience includes teaching prior to or after teaching or both.

(3) Higher classes means classes from 9 to 12 and experience of teaching these classes is admissible for the post of Headmaster of intermediate college."

A perusal of the provisions quoted above goes to show that minimum qualification prescribed for appointment as Headmaster is a degree and diploma in the concerned subject of any University established or regulated by or under any Central Act, Provincial Act or State Act, which is considered to be a University under Section 3 of the University Grants Commission Act, 1956, or of any such institution specially empowered by any Act of Parliament be recognised for the purpose of minimum qualifications.

In paragraph 2, there is a clear cut stipulation that in reference to prescribed qualifications the word "trained" means post graduate training qualification such as L.T., B.T., B.Ed., B.Ed. Sc. or M.Ed. of any University or institution as specified in the earlier para or any equivalent degree or diploma. It also includes departmental A.T.C. and C.T. with minimum teaching experience of 5 years''. J.T.C./B.T.C. Grade teacher is to be considered to be C.T. if they have worked in C.T. Grade at least for 5 years''.

Thus, in accordance with the aforesaid provisions, the qualification prescribed for the Head of the institution is that he should be trained M.A. or M.Sc. or M.Com or M.Sc. (Ag) or should have to his credit any equivalent Post-graduate or other degree which is conferred by any corporate body specified in above-mentioned para one and should possess teaching experience from any training institution recognised by the department or any degree college affiliated with any University or institution or any degree college affiliated with such institution as referred to in above mentioned first para, or at least four years teaching experience in classes 9-12 in any institution recognised by Board or in any institution affiliated with the Boards of other States or alike institutions, whose examinations are recognised by Board, or should possess at least four years experience as trained graduate Head Master in any Junior High School recognised by department. There are two alternative qualifications also provided for such as leaching experience of 10 years in intermediate classes of any recognized institution with first or second class post graduate degree, or third class post graduate degree with 15 years'' teaching experience. Alternatively, an incumbent having postgraduate diploma in Science, in case, he has passed his diploma course in first or second division and has served for more than 15 or 20 years respectively in any recognised institution after passing such diploma course, shall be eligible.

Admittedly, the petitioner-appellant was initially having a B.A. Degree and C.P.E.D. to his credit and he has been appointed on the post of Vyayama teacher'' (physical education) in C.T. Grade on 29.9.1981. Financial approval to the appointment was granted by the District Inspector of Schools vide order dated 15.10.1981. Subsequently, the financial approval was cancelled vide order dated 5.11.1981, which was challenged by the petitioner-appellant by filing Writ Petition No. 15579 of 1981, wherein the effect and operation of the order dated 5.11.1981 was stayed and in this manner, the petitioner-appellant continued in service on the strength of interim order passed in his favour.

Subsequently, the C.T. Grade was declared as dying cadre and amalgamated in L.T. Grade in 1991. The petitioner-appellant''s scale was fixed in L.T. Grade on 19.2.1991. Appellant also claimed that he acquired the degree of M.A. in Sociology from V.B.S. Purvanchal University, Jaunpur as a private candidate in the year 2011. It is an admitted case of the appellant that at present, he holds a degree of M.A. and C.P.E.D.

Under Appendix A of Chapter II of U.P. Act No. II of 1921 Act, word "trained" has been defined as comprising of post graduate training qualification, such as, L.T., B.T., B.Ed., B.Ed. Sc. or M.D. of any university or institution as specified in 1st paragraph or any equivalent (Degree or Diploma). B.P.Ed, course has not been mentioned or included.

The next issue which arises for consideration is whether a degree of C.P.Ed, can be considered equivalent with teacher training qualification provided under Appendix ''A'' of Chapter II.

In the National Council for Teacher Education Act promulgated in 1993, teacher education has been defined as programme of education research of training of persons to equip them to teach at primary, secondary and senior secondary level, which includes non formal education, part time education, adult education and correspondence education as well. The Act also defines the institution as one which offers courses or training in teacher education.

Under the National Council for Teacher Education Act, 1993, though B.P.Ed, is also a teacher training qualification, however, the Regulations framed under clause d(I) of sub-section 2 of Section 32 read with Section 12(d) of 1993 known as National Council of Teacher Education (determination of minimum qualifications for recruitment of teachers in schools) Regulations, 2001, which are applicable for recruitment of teacher in all such schools which are established, run or aided or recognised by Central or any State Government for imparting education at nursery, primary, middle, secondary and senior secondary stages, deals with the qualification of teachers required to teach school subjects and teachers required to physical education differently. The qualification of recruitment of teachers to teach school subjects is contained under first schedule and qualification of teachers to teach physical education has been prescribed in second schedule. The first schedule prescribes minimum qualification for Pre-school/Nursery, Primary, secondary level and senior secondary level. There are no provisions to indicate that persons with C.P.Ed. B.P.Ed, or M.P.Ed, are also eligible to teach school subjects. The qualifications contained in second schedule are only in reference of physical education.

Apart from above, Appendix ''A'' of Chapter II, Regulation 1 of U.P. Act No. 2 of 1921 does not recognise C.P.Ed, or B.P.Ed, as a trained''.

In view of aforesaid facts and discussions and the admitted position that post graduate degree was obtained only in 2011, the petitioner-appellant cannot be held to be possessing necessary qualification to be appointed as officiating principal of the institution, on the date of consideration. Thus, the impugned order passed by learned Single Judge does not warrant any interference. The appeal is devoid of any merit and, accordingly, stands dismissed.