Point of law : Court cannot substitute the statutory qualification, which is not otherwise provided under the relevant provisions, which prescribe the essential qualification for appointment to the post of Assistant Teacher in the attached primary school.

JUDGMENT :

1. The present writ petition under Article 226 of the Constitution of India has been filed for quashing of the order dated 27.12.2016 passed by the District Inspector of Schools, Gonda upholding the order dated 20.10.2014 passed by the committee of management terminating the services of the petitioner on the ground that the petitioner does not possess the requisite qualification for appointment as Teacher in the attached primary school of the Vivekanand Inter College, Gonda, whereas under sub-section (2) of Section 16 of the Intermediate Education Act, 1921 (for short ‘Act, 1921’), the requisite qualification for a Teacher of attached primary school is graduation plus C.T./B.T.C./H.T.C. or equivalent qualification and in the event of non-availability of B.T.C. trained person, person with B.Ed. degree qualification is eligible for appointment.

2. Swami Vivekanand Inter College, Gonda (hereinafter referred to as ‘the institution’) is recognised and Government aided institution, which imparts education upto Intermediate classes. It imparts education from Class-I to Class-XII. It is governed under the provisions of the Act, 1921 as well as Uttar Pradesh High Schools and Intermediate Colleges (Payment and Selection of Teachers and other Employees) Act, 1971 (for short ‘Act, 1971’).

3. In the primary section, nine posts of Assistant Teachers are sanctioned. In the year 2003, an amendment was brought in by inserting Regulation 7(2)(a) under Regulation 7, Chapter-II of the Regulations framed under the Act, 1921 providing for promotion of Assistant Teachers of the attached primary section to the post of Assistant Teachers in LT Grade and, it was provided that 25% posts of Assistant Teachers of LT Grade would be filled up by promotion of Assistant Teachers of primary schools, who are having five years service to their credit and having requisite qualification for appointment as LT Grade Teacher. Three Teachers of the attached primary school of the institution, namely, Raj Mani Tripathi, Smt. Rama Devi Shukla and Dr. Dinesh Kumar Shukla were promoted to the post of Assistant Teacher in LT Grade under 25% promotional quota.

4. The committee of management of the institution vide its letter dated 1.10.2008 sought sanction from the District Inspector of Schools to fill up three posts of Assistant Teachers in the primary section. The District Inspector of Schools vide letter dated 7.11.2008 informed the institution that the State Government vide order dated 25.9.2008 had imposed ban on the appointments of the Teachers. Subsequently, the said ban was lifted by the State Government. The committee of management, thereafter, advertised three posts and appointed Rakesh Kumar, the present petitioner, Shailendra Kumar Singh and Ms. Poonam Devi and sent the papers to the District Inspector of Schools, Gonda vide letter dated 16.4.2010 for approval. The District Inspector of Schools vide his order dated 5.5.2010 disapproved the selection and appointments made by the committee of management of three aforesaid persons to the post of Assistant Teacher in the primary section of the institution.

5. Against the said order, Writ Petition No.2981 (SS) of 2010, Km. Poonam Devi and others Vs. State of U.P. and others, was filed before this Court. The aforesaid writ petition was disposed of vide order dated 9.8.2010 as under:-

“Heard Sri H.G.S.Parihar, learned counsel for the petitioner, Sri Rakesh Kumar Chaudhary for the opposite party no.5-Committee of Management and Sri Manjeev Shukla, learned Standing counsel for the State.

The petitioner is aggrieved by the order of the District Inspector of Schools (DIOS) dated 5.5.2010. By this order the DIOS has cancelled the appointment made by the committee of management without prior approval of the State Government. The petitioner says that there were vacancies. The committee of management duly informed the DIOS and asked for his permission. The DIOS made some queries which were answered by the committee of manag