Sharma Vs. State of U.P. & Ors  INSC 320 (20 March 1997)
RAMASWAMY, S. SAGHIR AHMAD
O R D
E R This appeal by special leave arises from the judgment of the Division Bench
of the Allahabad High Court, made on September 3, 1985 in CMWP No. 174/85.
admitted position is that the appellant was working as a Headmaster in a Junior
High School from July 1974. In July 1976, the school was upgraded as a High
School. The question had arisen for appointment of Headmaster to the said
school. An advertisement was made for selection of the Headmaster. The
appellant along with other had applied for ad the Selection Committee
constituted under Section 16-E of the U.P. Intermediate Eduction Act. 1921
selected the fifth respondent to the said post. Calling in question the
selection of the fifth respondent, namely, Man Singh Verma, the appellant filed
a writ petition and obtained stay. The Writ petition was dismissed by the High
Court, holding that the appellant was not possessed of the requisite
qualification of four years' experience and, therefore, the selection was not
vitiated on that count.
D.K. Garg, learned counsel for the appellant contends, that since at the time
of upgradation of the school as full-fledged High School, the appellant was
already having the requisite experience, and was working on ad hoc Headmaster,
he would have been confirmed as promotee; therefore, the selection by the
Committee was not necessary.
the view of the High Court is not correct in law. We find no force in the
contention. It is seen that under Regulation 2(1) of the Regulations made under
the Act, the post of Head of an institution shall be filed by direct
recruitment, after reference to the Selection Committee constituted under
sub-section (1) of Section 16F or, as the case may be, under sub-section (1) of
Section 16FF. Appendix A of Part V attached to the U.P. Secondary Education
Services Commission Rules, 1983 lays down the qualifications which postulates
"with an experience of teaching for at leas four years in a training
institution recognised by the Department or in higher classes of a recognised
higher secondary School or in both combined or having at least four years'
experience as a trained Graduate Headmaster of a Junior High School recognised
by the Department, provided also that he/she is not below 30 years in
age." The post of Headmaster under Section 16-E(2) has be filled in by
promotion or by direct recruitment after due publication by the Committee. The
proviso to sub-section (3) should not be used as a routine for exempting the
persons who were not possessed or the requisite qualifications as a short route
to appoint unqualified persons to the post of Headmaster. It should be used
sparingly and not as a routine, with all reasons for such an appointment which
would be subject to judicial review.
seen that the appellant was appointed in July 1974, as the Headmaster of a
Junior High School which was upgraded in the year 1976. Thus, he did not have
the due experience of four years as a Headmaster of a Junior High School.
Though Shri Garg has placed before us the previous experience of the appellant
at different places, they are only in his capacity as Assistant Teacher, for
the years 1964-65, 1965-66; in the Higher Secondary School, he is said to have worked as Hadmaster Secondary School, he is said to have worked as Headmaster of tow years. Up
is seen that since he has not completed the requisite experience to be eligible
to the post of Headmaster, the selection of fifth respondent made by the
committee constituted by the Inspector in this behalf, is correct in law.
appeal, therefore, falls. It is accordingly dismissed. No costs.