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High Court Of Delhi
NAVYUG SCHOOL PARENTS ASSOTIATION - Appellant
Versus
CHAIRPERSON, NAVYUG SCHOOL EDUCATIONAL SOCIETY - Respondent
Civil Writ 5141 of 1994
Decided On : 02/18/1999
RECRUITMENT RULES - APPOINTMENT OF VICE PRINCIPAL AND PRINCIPAL - QUALIFICATIONS - UPGRADATION OF POST - WRIT OF QUO WARRANTO - SCOPE.
Fact of the Case:
The petitioners challenged the appointment of the 3rd respondent as the Vice Principal and Principal of Sr. Navyug School, Peshwa Road, New Delhi. The 3rd respondent was appointed as Vice Principal on the basis of a circular issued by the NDMC inviting applications for the post, which prescribed lower qualifications than those required by the Recruitment Rules. Subsequently, the post of Vice Principal was upgraded to that of Principal, and the 3rd respondent was appointed to the upgraded post without following the prescribed procedure.
Finding of the Court:
The court held that the appointment of the 3rd respondent as the Vice Principal was contrary to the Recruitment Rules, as the NDMC had no authority to reduce the qualifications prescribed by the Delhi Administration. The court also held that the appointment of the 3rd respondent as the Principal on the premise of upgradation was without any authority of law, as the NDMC had not followed the prescribed procedure for filling the post.
Issues: 1. Whether the selection of the 3rd respondent as the Vice Principal on 16.3.1990 was in accordance with law. 2. Whether the selection of the 3rd respondent on 29.11.1990 as the Principal upgrading the post of Vice Principal is in accordance with law.
Ratio Decidendi: 1. The NDMC had no authority to reduce the qualifications prescribed by the Delhi Administration for the post of Vice Principal. 2. The appointment of the 3rd respondent as the Principal on the premise of upgradation was without any authority of law, as the NDMC had not followed the prescribed procedure for filling the post.
Final Decision: The writ petition was allowed. A writ of quo warranto was issued, and the 3rd respondent was deemed to have vacated the office immediately. Respondents 1 and 2 were directed to hold the DPC to consider all candidates within the zone of consideration and make appointments for the posts of Vice Principal and Principal on or before 31.5.1999.
( 1 ) THE petitioners in the writ petition challenged the appointment of the 3rd respondent as the Vice Principal of Sr. Navyug School, Peshwa Road, New Delhi and the appointment of the 3rd respondent as Principal of the same school. The 3rd respondent was appointed as Vice Principal and the Minutes of the Meeting of the DPC held on 16. 3. 1990 would read as under:
"minutes OF THE DPC MEETING HELD ON 16. 3. 90 AT 4-00 P. M. IN THE ROOM OF THE SECRETARY TO SELECT THE CANDIDATE FOR THE POST OF VICE PRINCIPAL, SENIOR NAVYUG SCHOOL, PESHWA ROAD. Present: 1. Mrs. Neelam Sharma Chairperson. 2. Sh. G. S. Patnaik Secretary. 3. Mrs. Rama Murali F. A. 4. Dr. M. C. Mathur E. O. It was decided that the criteria for selection for the post of Vice Principal, Senior Navyug School, Peshwa Road will be seniority-cum - suitability. Therefore, out of the 4 candidates fulfilling the RRs" the senior most candidate Km. Raj Bala is selected for the post of Vice Principal, Senior Navyug School, Peshwa Road. "she was promoted as the Principal of the same School by virtue of the decision taken in the DPC held on 29. 11. 1990. The Minutes of the DPC held on 29. 11. 1990 would read as under:
"minutes OF THE DPC MEETING HELD ON 29. 11. 90 AT 10-00 A. M. IN THE ROOM OF ADMINISTRATOR TO SELECT THE CANDIDATES FOR THE POST OF PRINCIPAL, SENIOR NAVYUG SCHOOL, PESHWA ROAD. Present: 1. Sh. Subhash Sharma Administrator (Chairman) 2. Sh. R. L. Srivastava Secretary 3. Smt. Rama Murali F. A. 4. Dr. M. C. Mathur E. O. 5. Sh. Prem Singh DEO, SC/st Representative 6. Smt. Promila Bhandari Officer I/c Navyug School Service records of all the HMs/vice Principal of Navyug Schools were placed before the DPC. The post of Principal is in the grade of Rs. 3000-4500. Normally, promotion is given in the next grade. DPC, therefore, considered the service records including administrative experience of persons working in the scale of Rs. 2000-3500 only. Miss Raj Bala, Vice Principal, Navyug School, working in the scale of Rs. 2000-3500. H / Ms of Navyug Schools are in the grade of Rs. 1640- 2900. After considering the service records, DPC recommends that Miss Raj Bala be selected for the post of Principal, Navyug School in the scale of Rs. 3000-4500. "representation was made by the second petitioner in the writ petition and also by the Association of Teachers about the appointment of the 3rd respondent as the Vice Principal and the Principal violating the recruitment rules. At the time of the consideration by the DPC of the candidates for the post of Vice Principal the qualifications of the 3rd respondent were:on 12. 12. 1989 a circular was issued by the NDMC inviting applications for the post of Vice Principal. The circular reads as under :
"the Governing Body of Senior Navyug Schools is going to appoint one Vice- Principal in Senior Navyug School, Peshwa Road in the scale of Rs. 2200-4000. The required essential qualifications are as under: Essential. (i) Master s degree from recognised University. (ii) Degree in teaching/education from recognised University. (iii) 10 years teaching experience in a public/progressive School. Desirable. (i) Well versed with cultural and sports activities. (ii) Sufficient Administrative experience in supervisory capacity in Progressive/public School. All the H/mrs of Junior Navyug Schools and the teachers working in Senior Navyug Schools in the scale of Rs. 1640-2000/2000-3500 fulfilling the above qualifications may submit their application giving complete bio-data latest by 21. 12. 1989 to the Principal. No request will be entertained after this date. "as I had noticed above, the DPC held the meeting on 16. 3. 1990 changing the mode of selection. The 3rd respondent was selected. Appointment of Vice Principal was made in May, 1990.
( 2 ) ON 27. 11. 1990 the Committee is stated to have taken a decision by which the post of Vice Principal was upgraded as Principal. That decision reads as under :
"ndmc is running five Navyug Schools i. e. N
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