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Siya Ram v. State Of U.P. And Others - WRIT - A No. 22044 of 2007  RD-AH 8709 (8 May 2007)
Court No. 39
Civil Misc. Writ Petition No. 22044 of 2007
State of U.P. and other
Hon'ble V.K. Shukla.J.
Petitioner Siya Ram has approached this Court questioning the validity of the order dated 16.02.2007 passed by the Manager of the Institution directing Sri Sri Roshan Lal Verma to function as Officiating Principal of the Institution and consequential action of District Inspector of Schools, Kannuj, attesting the signature of Sri Sri Roshan Lal Verma.
Brief background of the case is that in the District of Kannuj there is recognised institution known as Kisan Inter College, Tirwa, District Kannauj. Said institution is duly recognized as per the provisions as contained in U.P. Act No. II of 1921. In the said institution Sri Sri Roshan Lal Verma, respondent no. 7 has been appointment as Assistant Teacher on 01.07.1966 and as far as petitioner is concerned his appointed has been made in the institution as Assistant Teacher on 29.09.1981. Sri Roshan Lal Verma has been accorded promotion in L.T. Grade on 15.12.1980 whereas petitioner Sri Siya Ram was accorded promotion on 29.09.1991 in L.T. Grade. In the seniority list which has been prepared in the year 2003-04, petitioner has signed without raising any objection to the same that Sri Roshan Lal Verma, respondent no. 7 is not senior to him. In the aforesaid seniority list name of Sri Roshan Lal Verma, respondent no. 7 finds place at serial no. 3 whereas petitioner's name finds place at serial no. 11. Admittedly, petitioner is junior to Sri Roshan Lal Verma. It has been contended by the petitioner that Sri Roshan Lal Verma is not qualified to hold the office of Officiating Principal of the college as he does not fulfil requisite minimum qualification as provided in Appendix -A of Chapter-2 of U.P. Act No. II of 1921, for the office of Principal, as such handing over of charge is bad
In order to appreciate respective contention essential qualification prescribed in Appendix -A of Chapter-2 of U.P. Act No. 1921 in respect of appointment of Head of the Institution is being looked into:
1. 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 University Grant Commission Act, 1956 or of any such institution especially empowered by any Act of Parliament shall be recognised for the purpose of minimum qualifications prescribed under it.
2. Under it in reference to prescribed qualifications the word "trained" means post-graduate training qualification such as L.T., B.T., B.Ed. SC or M.Ed. of any University or institution as specified in earlier para or any equivalent (Degree or Diploma). It also includes departmental A.T.C and C.T. with minimum teaching experience of five years JTC/BTC grade teacher shall also be considered to be CT. if he has worked in C.T. Grade at least for five years.
Head of the institution(1) Trained M.A. Or M.Sc. Or M.Com. or M.Sc. (Agril) or any equivalent post-graduate or any other degree which is awarded by corporate body specified in above-mentioned para one and should have at least teaching experience of four years in classes 9 to 12 in any training institute or in any institution or University specified in above-mentioned para one or in any degree college affiliated to such University or institution, recognized by Board or any institution affiliated from Board of other States or such other institutions whose examination are recognised by the Board or should the condition is also that he/she should not be below 30 years of age
Minimum 30 years
First or second class post-graduate degree alongwith teaching experience of ten years in intermediate classes of any recognized institutions or third class post-graduate degree with teaching experience of fifteen years.
Trained post-graduate diploma-holder in science. The condition is that he has passed this diploma course in first or second class and have efficiently worked for 15 or 20 years respectively after passing such diploma course.
Notes:-(1) Assistant teachers having at least second class post-graduate degree and specialised teaching experience of ten years in intermediate classes of a recognized 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 Head Master of Intermediate College. "
Bare perusal of the provision quoted above would to go to show that as far as item no. 1 and 3 are concerned same provides that incumbents should be trained with masters degree with teaching experience of Class 9th to Class 12th or should be trained graduate diploma-holder in science, with the condition that he has passed this diploma course in first or second class and have efficiently worked for 15 or 20 years respectively after passing such diploma course. Item no. 2 provides that an incumbent should be First or second class post-graduate degree holder alongwith teaching experience of ten years in intermediate classes of any recognized institutions or third class post-graduate holder degree with teaching experience of fifteen years.
Item No. 2 of prescribed qualifications does not require training qualification. Sri Sri Roshan Lal Verma, respondent no. 7 was appointed on 01.07.1966 who has experience of more than 40 years of teaching in the institution and he has Master Degree to his credit. Apart from this Sri Roshan Lal Veram can be very well accepted as attained teacher. His qualification is M.A; J.T.C. J.T.C/B.T.C grade teachers are to be considered to be C.T. if he has worked in C.T. Grade at least for five years. Trained has been defined, such training qualification as L.T.;B.T.; B.Ed, S.C. or M.Ed of any institution. It also includes departmental A.T.C and C.T with minimum teaching experience of five years. Sri Roshan Lal Verma has J.T.C to his credit, and having worked for much more than five years as C.T grade teacher, he is to be accepted as trained teacher also. This is not at all case of petitioner that he has not at all functioned in said institution as C.T. grade teacher rather it has been accepted that subsequently he has been promoted as L.T. Grade teacher. In this background it is apparently clear that Sri Roshan Lal Verma, respondent no. 7 is not only senior but also eligible to be appointed as officiating Principal of the institution, as such there is no occasion to interfere in handing the charges of officiating Principal to Sri Roshan Lal Verma and attestation of his signature by District Inspector of Schools, Kannauj.
Consequently, writ petition lacks substance and is dismissed. However it is made clear in case there is any incumbent who claims himself to be the senior vis-a-vis Sri Roshan Lal Verma, respondent no. 7 then in that he will be at the liberty to approach the District Inspector of Schools under Section 18 of U.P. Act No. V of 1982.
No orders as to cost.
Dated 8th May 2007
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