Important Point
The grant of approval by the competent authority is a pre-condition for appointment to the post of principal.

Judgment

D.P. Wadhwa, J.-The appellant who was working as Headmistress in the school of the respondent filed the present appeal against the judgment dated December 19, 1986 of the High Court of Judicature at Allahabad (Lucknow Bench). The judgment of the High Court decides two matters : (1) second appeal filed by the respondent, the Managing Committee of the school arising out of a civil suit filed by the appellant and (2) a writ petition also filed by the appellant in the High Court. While the appeal filed by the Managing Committee was allowed, the writ petition of the appellant was dismissed.

2. The appellant was working as Headmistress of the junior school of the respondent. The school was upgraded and recognised as Higher Secondary School. The Managing Committee published an advertisement inviting applications for the post of Principal. The appellant who was working at that time as Headmistress also applied for the post of Principal. She was called for interview and was selected by the Manag­ing Committee. Her appointment was, however, subject to the approval under the provisions of the Intermediate Education Act, 1921. Appel­lant was placed on probation for one year from the date of joining of her duty. She joined her post on May 1, 1969. Instead, however, con­firming the appellant to the post of Principal the Managing Committee by letter dated May 1, 1970 terminated her services. This was on the ground that the competent authority under the Intermediate Education Act did not approve her appointment to the post of Principal inasmuch as the appellant did not possess the requisite qualifications as prescribed for the post of Principal in a higher secondary school. This led the appellant to file a civil suit in the court of Munsif North, Lucknow claiming relief for declaration that she was a con­firmed Headmistress in the school of the respondent and for mandatory injunction that respondent be ordered to confirm her on the post of Headmistress in the said school and she also prayed for decree of perpetual injunction for restraining the respondent from removing her from the post of Headmistress as also from making new appointment and holding any selection. After the services of the appellant were termi­nated the respondent also re-advertised for the post of Principal and the appellant again applied for her appointment to that post in pursu­ance to that advertisement. The trial Court granted the appellant decree of declaration as prayed but refused to grant the relief of injunction. The Managing Committee filed an appeal against the judg­ment and decree of the trial Court. The appellate Court upheld the judgment and decree of the trial Court and dismissed the appeal. Against that the Managing Committee filed second appeal in the High Court which, as noted above, was allowed and the suit filed by the appellant dismissed.

3. The appellant also filed writ petition in the High Court praying for a writ of mandamus directing the respondents to implement the decision of the court in civil suit filed by her and for payment of arrears of salary and allowances to her. This writ petition was also dismissed. Aggrieved the appellant has filed this appeal.

4. Ther is no dispute that the appellant did not possess the qualifi­cations for being appointed as a Principal of the Higher Secondary School. It is also not disputed that the appointment is subject to approval of the competent authority under the Intermediate Education Act. It is correct that the competent authority has power to relax the qualification but then again it is not disputed that the competent authority did not relax the qualification for the appointment of the appellant as Principal of the Higher Secondary School of the respond­ent. We may also note that when the respondent filed her civil suit in the court of Munsif and also writ petition in the High Court, she did not implead the competent authority under the Intermediate Education Act or the State of U.P. as party defendant o