MOHD ALTAF Vs. PUBLIC SERVICE COMMISSION
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
PUBLIC SERVICE COMMISSION
Referred Judgements :-
MOHD. ALTAF(L) V. U.P. PUBLIC SERVICE COMMISSION
Click here to view full 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.
Copyright © Regent Computronics Pvt.Ltd.