MOHD ALTAF Vs. PUBLIC SERVICE COMMISSION
LAWS(SC)-2002-2-66
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
Decided on February 20,2002

Mohd Altaf Appellant
VERSUS
PUBLIC SERVICE COMMISSION Respondents


Referred Judgements :-

MOHD. ALTAF(L) V. U.P. PUBLIC SERVICE COMMISSION [REFERRED TO]



Cited Judgements :-

NASREEN FATIMA VS. STATE OF U.P. [LAWS(ALL)-2022-5-215] [REFERRED TO]
ANIL KUMAR SHAHI VS. STATE OF UTTAR PRADESH [LAWS(SC)-2006-3-110] [REFERRED TO]


JUDGEMENT

- (1.)MR Parag P. Tripathi, learned Senior Counsel appearing on behalf of Respondent 1, U.P. Public Service Commission (for short "the Public Service Commission") submits that in compliance with the order dated 10-1-2001 (Mohd. Altaf (1) v. U.P. Public Service Commission, 2008 (14) SCC 139), the Public Service Commission has prepared a list of eligible candidates which is produced before us today in court and is reproduced as under:
(2.)MR Tripathi submits that the said list consists of a number of other persons who have not preferred any appeal or petition before this Court and he seeks a clarification whether the order passed by this Court would be applicable to them or not. In our view, our order is passed on an interpretation of the statutory rules and therefore, it would be applicable to all concerned who appeared in the interview on the relevant date.
With regard to the names of the candidates, who appeared in the interview, as mentioned in Para B, it has been pointed out by the learned counsel for the respondent that qualification prescribed for the Principals, Government Intermediate Colleges, as per the statutory rule, inter alia, is as under:

"Essential: (1) - (2) xxxx xxxx xxxx (3) At least three years' experience as Head of a Higher Secondary or normal school or in teaching Intermediate or higher classes or as a Lecturer in CT or LT training college."
Mr Tripathi submits that normal interpretation of the aforesaid clause would mean that a candidate must be possessing three years' experience as a Head of Higher Secondary or normal school or must be having teaching experience at the intermediate or higher classes but such teaching experience cannot be in a school where he was teaching lower classes than intermediate classes.
(3.)IN our view, this submission cannot be accepted in view of the regulations framed by the State Government as mentioned in Appendix A to the said regulations which provide that higher classes mean classes from IX to XII and experience of teaching these classes is admissible for the post of Headmaster of Intermediate College. This is also clarified by the State Government by issuing circular dated 12-4-1973.


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