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IN THE HIGH COURT OF ALLAHABAD
Ashwani Kumar Mishra, J.
Anita Singh – Petitioner
Versus
State Of U.P. and Ors. – Respondents
Writ -A No. 48219 of 2013
Decided On : 19-12-2019
Payment of Salaries Act, 1971 – U.P. Intermediate Education Act, 1921 – University Grants Commission Act, 1956 – Section 3 – Central Act – U.P. Secondary Education Service Selection Board Act, 1982 – Section 18(2) – Eligibility Issue – doctrine of necessity
Facts of the case: Short question that arises for consideration in the facts of the present case is as to who would be eligible to officiate as Principal of the Institution concerned i.e. the petitioner or respondent No.5
Finding of the court: – In respect of petitioner’s working as lecturer for the last more than 15 years there has never been any disciplinary action and she is yet to officiate as principal – The opposition to petitioner's claim on account of none satisfactory work, therefore, cannot be accepted – In such circumstances petitioner's claim will not be overlooked merely for the reason that her work and performance is not satisfactory – However, as law with regard to right of a teacher who possess training qualification in physical education was not clear and the issue has been resolved only in by the Larger Bench in Amal Kishore Singh (supra) and the 5th respondent has otherwise worked as officiating principal, the salary already paid to her for the post of officiating principal shall not be recovered from her – The petitioner would be entitled to salary for the post of officiating principal in accordance with the provisions.
Result: – Order Accordingly.
JUDGMENT :
1. Short question that arises for consideration in the facts of the present case is as to who would be eligible to officiate as Principal of the Institution concerned i.e. the petitioner or respondent No.5?
2. Jalaun Balika Inter college, Jalaun is a recognized institution under the provisions of U.P. Intermediate Education Act, 1921 and the provisions of Payment of Salaries Act, 1971 are also applicable upon the institution. The post of Principal fell vacant in the institution on 30.06.2009. An issue arose as to who would be entitled to officiate as principal and by the order impugned dated 16.05.2013, contained in Annexure No.9 to the writ petition, the District Inspector of Schools, Jalaun has accepted the candidature of respondent No.5 to officiate as principal, while denying petitioner's candidature primarily on the ground that on the date of accrual of vacancy, she was not eligible.
3. Qualification for appointment to the post of officiate principal is the same which is contemplated for a regular principal. Such qualification stands statutory prescribed in Appendix A to the Act of 1921 and is reproduced hereinafter :-
(In reference to Regulation 1 of Chapter II)
Minimum qualifications for Appointment of Head Master and Teachers in Private Recognised Higher Secondary Schools
1. Degree and diploma in the 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. S.C. 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. Grade teacher shall also be considered to be. C.T. if he has worked in C.T. Grade at least for 5 years'
| Sl. No. | Name of the Post & Educational Training Experience | Age | Desirable qualifications |
| 1 | 2 | 3 | 4 |
|
| Head of institution (1) trained M.A. or M.Sc. or M.Com or M.Sc. (Agri) or any equivalent Post-graduate or any other degree which is awarded by corporate body specified in above-mentioned para one and should have at least teaching experience of four years in classes 9-12 in any training institute or in any institution or university specified in above-mentioned para one or in any degree college affiliated to such University or institution, recognized by Board or any institution affiliated from Boards of other States or such other institutions whose examinations recognised by the Board, or should the condition is also that he/she should not be below 30 years' of age. or (2) First or second class post-graduate degree along with teaching experience of ten years in Intermediate classes of any recognized institutions or third class post-graduate degree with teaching experience of fifteen years, or (3) Trained post-graduate diploma-holder in science. The condition is that he has passed this diploma course in first or second class and have efficiently worked for 15 or 20 years respectively after passing such diploma course. | Minimum 30 years
|
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(2) Teaching experience includes teaching prior to or after teaching or b
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