The absence of a specific requirement for a headmistress to pass the TET under the 1978 Rules, and the non-retrospective application of the TET requirement to invalidate the respondent's prior appointment, were the central legal points established in the judgment.

ORDER :

1. Heard Mr. Ramanand Pandey, learned Additional Chief Standing Counsel appearing on behalf of the appellants and Mr. Vikrant Pandey, learned Advocate appearing on behalf of the respondent.

2. There is a delay of 95 days reported by the Stamp Reporter. Upon a perusal of the affidavit filed in support of the delay condonation application, we find that there is sufficient cause made out to condone the delay. The delay in filing the appeal is condoned.

3. The application is allowed.

4. This appeal has been preferred by the five respondents-the State respondents of Writ-A No. 10041 of 2017, questioning the judgment and order of the learned Single Judge dated 1st April, 2022, allowing the writ petition.

5. The writ petitioner is respondent No. 1 to this appeal. She will hereinafter be called as the writ petitioner. The Manager, Public Balika Junior High School, Rampur, District Rampur sought and was granted prior approval by the District Basic Education Officer, Rampur, the fourth appellant here, permitting the institution aforesaid to initiate the process to recruit, select and appoint a suitable person as the Headmistress of the institution. Permission for recruitment of two Assistant Teachers was also sought and granted. Based on the permission granted by the District Basic Education Officer, the Manager of the Public Balika Junior High School, Civil Lines, Rampur (for short ‘the institution’) issued an advertisement dated 21.01.2016, published in the Hindi Daily ‘Hindustan’ issue dated 22.01.2016 and also in the ‘Shah Times, Rampur’ issue dated 22nd January, 2016. The advertisement indicated personnel eligibility qualifications for the post of Headmistress as the candidate being a woman, who should have attained the age of 30 years as on 1st July, 2016. The minimum education and experience required for the eligibility was indicated to the effect that the candidate should be a trained graduate with a minimum of five years teaching experience in a recognized school. There was no mention in this advertisement about the candidate being required to possess a certificate of passing the Teachers Eligibility Test (for short ‘the TET’) as an essential qualification to maintain a valid candidature. The writ petitioner is admittedly a trained graduate with five years of teaching experience in a recognized school. The writ petitioner was called for interview for the post of Headmistress, held on 05.07.2016. It is pleaded in the writ petition that out of ten candidates, who participated in the interview, the writ petitioner secured the highest marks and was ranked at the first place. Acting on the result drawn up by the Selection Committee, a proposal dated 08.07.2016 to obtain approval for the petitioner’s appointment as the Headmistress of the institution, was forwarded to the District Basic Education Officer, Rampur, appellant no. 5, by the Manager of the institution. A copy of the proposal is on record as Annexure No. 8 to the writ petition. The District Basic Education Officer, Rampur, by means of his order dated 26.07.2016, declined the proposal to approve the writ petitioner’s appointment on the ground that she does not hold the certificate of TET (Junior High School Level), an essential educational qualification for the post.

6. It is the absence of the aforesaid qualification with the writ petitioner that has become the bone of contention between parties. The writ petitioner questioned the order dated 26.07.2016 passed by the District Basic Education Officer, Rampur, declining the Management’s proposal to appoint her as the Headmistress, by instituting the writ petition giving rise to this appeal. After exchange of affidavits, the learned Single Judge by means of the judgment and order impugned has allowed the writ petition and quashed the order dated 26.07.2016 passed by the District Basic Education Officer, Rampur. A mandamus has been issued to the District Basic Education Officer, to grant approval to the petitioner’s selectio