Hon’ble Krishna Murari, J.—Heard Shri Man Bahadur Singh, learned counsel for the appellant learned Standing Counsel for respondent Nos. 1 to 4 and Shri S.K. Mishra for respondent No. 5.

2. This intra Court appeal filed under the Rules of the Court is directed against the judgment and order dated 27.4.2015 passed by learned Single Judge dismissing the writ petition filed by the petitioner-appellant challenging the order dated 14.10.2014 passed by District Inspector of Schools, Mau holding that petitioner-appellant lacks requisite qualification for appointment to the post of the Principal of the school.

3. There is an institution in the name of Bapu Inter College, Siyarahi, Mau, which is recognised upto Intermediate but grant-in-aid is provided only upto High School. The officiating Principal of the institution on attaining the age of superannuation retired on 30.6.2014. The District Inspector of Schools, who was functioning as authorised controller of the institution wrote a letter to handover the charge of the officiating Principal to the petitioner-appellant. However, respondent No. 5 herein raised a dispute on account of which proceedings were initiated before the District Inspector of Schools in respect of rival claims. However, when despite the opportunities, no one appeared vide order dated 26.7.2014, signatures of petitioner-appellant were attested as officiating Principal of the institution. The order was challenged by respondent No. 5 by filing Writ Petition No. 41163 of 2014, which was disposed of vide order dated 8.8.2014 directing the District Inspector of Schools to pass appropriate orders after giving opportunities of hearing to all the parties. It was further directed that the order dated 26th July, 2014 shall abide by the fresh order passed by the District Inspector of Schools.

4. In pursuance to the aforesaid order, District Inspector of Schools issued notices to both the parties and after considering their claim found that the petitioner-appellant was not having minimum qualification prescribed for the post of Principal, rejected his claim.

5. The issue to be considered is as to whether the petitioner-appellant was having prescribed qualification and eligible to be appointed as officiating Head Master of the institution in question. The eligibility criteria for being appointed as Head Master and teachers in primary recognised higher secondary schools has been prescribed in Appendix A Regulation 1 of Chapter II. For a ready reference, the minimum qualification for appointment as a Head Master, which is relevant for the purposes of the present case is being quoted hereunder.

“APPENDIX A

(In reference to Regulation 1 of Chapter II)

Minimum eligibilities for appointment of Heads and teachers in non-Government recognised Higher Secondary Schools.

1. Degree and diploma in concerned subject of any University established or regulated by or under any Central Act, Provincial Act or State Act, which is considered to be a University under Section 3 of the University Grants Commission Act, 1956, or of any such institution specially empowered by any Act of Parliament shall be recognised for the purpose of minimum qualifications prescribed under it.

2. Under it in reference to prescribed qualifications the word “trained” means post graduate training qualification such as L.T., B.T., B. Ed., B. Ed. Sc. or M. Ed. of any University or institution as specified in the earlier para or any equivalent (Degree or Diploma). It also includes departmental A.T.C. and C.T. with minimum teaching experience of 5 years’. J.T.C./B.T.C. Grae teacher shall also be considered to be. C.T. if he has worked in C.T. Grade at least for 5 years’.