SUPREME COURT OF INDIA
B.N.Agrawal : M.B.Shah
Mohd.Altaf
Versus
Public Service Commission
Case No. : 961 , 962 of 1999
Date of Decision : 2/20/02
Public Service Commission - Interpretation of Statutory Rules - U.P. Education Act, 1921 - Section 16(E)
Fact of the Case:
The Public Service Commission prepared a list of eligible candidates for various teaching positions. The interpretation of the statutory rules regarding the qualifications for the positions was in question.
Finding of the Court:
The court clarified the interpretation of the qualifications required for the teaching positions, emphasizing that teaching experience in classes from IX to XII is admissible for the post of headmaster of an intermediate college.
Issues: Interpretation of qualifications for teaching positions, validity of appointment as a teacher under the U.P. Education Act, 1921
Ratio Decidendi: The court emphasized that teaching experience in classes from IX to XII is admissible for the post of headmaster of an intermediate college, and clarified the requirements for valid appointment as a teacher under the U.P. Education Act, 1921.
Final Decision: The court directed the Public Service Commission to implement the directions in favor of all eligible candidates and to consider specific representations by applicants.
JUDGMENT
M.B.SHAH, J.
(1) MR. Prag P. Tripathi, learned senior counsel appearing on behalf of respondent no 1- U.P. Public Service Commission (for short the Public Service Commission) submits that in compliance with the order dated 10th January, 2001, Public Service Commission has prepared a list of eligible candidates which is produced before us today in court and is reproduced as under:- "Categories of Petitioners" (A) Lecturer in CBSE/ICSE Boards recognized colleges: 1. Mohd Altaf CA Nos.961-962 of 1999
2. Mahendra Pratap Singh CA Nos.963-966 of 1999
3. Vinod Kumar Sharma CA Nos.965-966 of 1999
4. Dhananjai Dwivedi CA Nos.974-975 of 1999
5. Mohd Iqbal CA Nos.967 of 1998
6. Maheshwar Singh CA Nos.974-975 of 1998
(B) L.T.Grade Teachers/Trained Graduate Teachers: 1. Devendra Swaroop CA No.968 of 1999
2. Virendra Kumar Singh CA No.968 of 1999
3. Onkar Singh CA No.968 of 1999
4. Ram Prakash CA Nos.970-971 of 1999
5. Anoop Saxena CA No.969 of 1999
6. Jamuna Prasad Gangwar CA No.969 of 1999
7. Fateh Chand CA No.3896 of 1999
8. Ram Pal CA Nos.970-971 of 1999
9. Kamal Prakash CA Nos.970-971 of 1999
10. Mahendra Pal SLP No.10048 of 1999
(C) Not validly appointed teacher as per expenence certificate given by education department, U.P.: 1. Dr. Ram Lal CA Nos.961-962 of 1999
2. Prabhakar Tripathi CA No.974 of 1999
3. Arun Kumar Tiwari CA No.970-971 of 1999
4. Vijay Narayan Singh CA Nos.963-966 of 1999
5. Ram Chandra Pandey CA Nos.970-971 of 1999
6. Smt Asha Singh CA Nos.970-971 of 1999
7. Suresh Narayan Pandey CA Nos.970-971 of 1999
8. Sabhajeet Singh CA Nos.963-966 of 1999
9. Sri Prakash Dwivedi CA Nos.970-971 of 1999
10. Prem Bihari CA No 972 of 1999 @
Saran Sharma SLP(C) 15590 of 1999
f (D) Experience Certificates not signed by education departments officers: 1. Rajendra Mani Pandey CA Nos.970-971 of 1999
2. Ram Singh CA No.968 of 1999
TD valign=top> 3. Arun Kumar Tiwari CA No.970-971 of 1999 4. Vijay Narayan Singh CA Nos.963-966 of 1999 5. Ram Chandra Pandey CA Nos.970-971 of 1999 6. Smt Asha Singh CA Nos.970-971 of 1999 7. Suresh Narayan Pandey CA Nos.970-971 of 1999 8. Sabhajeet Singh CA Nos.963-966 of 1999 9. Sri Prakash Dwivedi CA Nos.970-971 of 1999 10. Prem Bihari CA No 972 of 1999 @ Saran Sharma SLP(C) 15590 of 1999 f (E) Teacher on fixed pay Rs.700.00 per month: 1. Dharmatma Nand CA Nos.970-971 of 1999
Singh
TD valign=top> 3. Arun Kumar Tiwari CA No.970-971 of 1999 4. Vijay Narayan Singh CA Nos.963-966 of 1999 5. Ram Chandra Pandey CA Nos.970-971 of 1999 6. Smt Asha Singh CA Nos.970-971 of 1999 7. Suresh Narayan Pandey CA Nos.970-971 of 1999 8. Sabhajeet Singh CA Nos.963-966 of 1999 9. Sri Prakash Dwivedi CA Nos.970-971 of 1999 10. Prem Bihari CA No 972 of 1999 @ Saran Sharma SLP(C) 15590 of 1999 f Fresh application for Impleadment: 1. Virender Kumar Mishra - Experience of Lab Asstt since May, 1991 to Feb , 1996 2. Santosh Kumar Saxena - Experience less than 3 years"
(2) HE submits that the said list consists of number of other persons who have not preferred any appeal or petition before this Court and he seeks a clarification whether the order passed by this Court would be applicable to them or not in our view , our order is passed on an interpretation of the statutory rules and therefore, it would be applicable to all concerned who appeared in the interview on the relevant date
(3) WITH regard to the names of the candidates, who appeared in the interview, as mentioned in paragraph B, it has been pointed out by the learned counsel for the respondent that, qualification prescribed for the principals, government intermediate colleges, as per the statutory rule, inter-alia, is as under:
"ESSENTIAL (1) (2) (3) At least three years experience as head of a higher secondary or normal school or in teaching intermediate or higher classes or as a lecturer in C.T. or L.T. training college "
(4) HE submits that normal interpretation of the aforesaid clause would mean that a candidate m
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