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1993 Supreme(SC) 555

YOGESHWAR DAYAL, P.B.SAWANT
M. S. Mudhol – Appellant
Versus
S. D. Halegkar – Respondent


ORDER

1. The controversy in the present petition relates to the eligibility of the 1st respondent to occupy the post of the Principal of the Delhi Kannada Senior Secondary School which is being run in New Delhi. The 1st respondent was appointed as the Principal of the school in the year 1981. The statutory rules prevalent at the relevant time prescribed the essential qualifications for the said post as follows:

(i) Masters degree with at least 2nd Division from a recognised university or equivalent.

(ii) A degree in teaching from a recognised university or equivalent.

(iii) Experience of 10 years teaching as a Vice-Principal/P.G.T. (Post-graduate Teacher) in a Higher Secondary School or Inter-College.

The condition with regard to the 2nd Division was relaxable in the case of the candidates belonging to the same school and also in the case of the Scheduled Caste and Scheduled Tribe candidates. The desirable qualifications were:

(i) Experience in administrative charge of a recognised Higher Secondary School/Inter-College.

(ii) Doctorate Degree.

(iii) M.Ed. degree from a recognised university.

2. Admittedly, the 1st respondent who did not belong to the same school had M.A. degree in Political









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