JUDGMENT

CHANDRACHUD, J. :—The management of Primary and Middle Schools was taken over by the Madhya Pradesh Government from the Local authorities under the Madhya Pradesh Local Authorities School Teachers (Absorption in Government Service) Act, 1963. In 1968, the State Government decided to take over the management of Higher Secondary Schools also. One such school was Kanya Naween Vidya Bhawan, Gadarwara which was run by a Society registered under the Societies Registration Act. The appellant, Smt. Juthika Bhattacharya, who was a B. A. B. T., was the Head Mistress of that school. Her scale of pay was Rs. 275-700 and at the relevant time she was drawing a monthly salary of Rs. 500.

2. On February 23, 1970 the Divisional Superintendent of Education, Narmada Division, Hoshangabad, wrote to the Society that the management of the school run by it would be taken over by the Government if there was no improvement in its financial position. On June 7, 1971 he informed the Society that the Government had issued directions for taking over the management of the school. In pursuance of this letter, the management of the school, along with its assets, was taken over by the Government on 18-6-1971. The Government assured the society that the staff of the school will be absorbed in the new set up.

3. The case of the appellant is that she was entitled to be appointed as a Principal since she was holding a corresponding post in a substantive capacity on the date of her absorption viz., June 18, 1971. But the Divisional Superintendent of Education acting under the directions of the State Government, and the Director of Public Instructions directed that the appellant should be absorbed as an Upper Division Teacher in the time scale of Rs. 150-290. According to the respondents, the appellant did not hold a post-graduate degree and no person could be appointed to the post of a Principal unless he or she held a postgraduate degree and possessed the stated length of experience. Appellant having had the requisite experience, the only question for decision in this appeal is whether she is entitled to be appointed as a Principal notwithstanding the fact that she does not hold a post-graduate degree.

4. Relying upon a Memorandum dated December 6, 1972 issued by the Government of Madhya Pradesh in its Department of Education, the appellant contended that even assuming that she could not be appointed as a principal for the alleged reason that she did not hold a post-graduate degree, she could obtain that degree any time within 3 years from the date of her absorption and therefore the order passed by the State Government, before the expiry of that period, appointing her on a lower post is illegal. There is no substance in this argument because the Memorandum of December 6, 1972 applies, in terms, only to the staff of the Higher Secondary Schools run by Janpad Sabhas and Municipalities and not to the staff of schools run by private Societies like the school of which the appellant, on the date of absorption, was the Head Mistress. Paragraph 4(b) of the aforesaid Memorandum undoubtedly affords the facility that where the qualification for a post is post-graduation the post-graduate degree may be obtained within 3 years from the date of absorption. But in view of the express statement in the Memorandum that it will be "applicable only to previous teachers of Janpad Sabhas and municipalities." the appellant cannot claim the benefit of the particular facility. Any lurking doubt in this behalf stands resolved by the further statement in the Memorandum that except in regard to schools run by Janpad Sabhas and Municipalities, the Rules dated December 21, 1967 will continue to apply to non-Government schools without the amendments introduced by the Memorandum.

5. The Memorandum dated December 21,1967, the Rules contained in which remain unaffected by the amendments introduced by the Memorandum dated December 6, 1972 provides by paragraph 3 (b) that for absorption in th