S. K. Dhaon, J. - (1.) ON the basis of a communication dated 4th October, 1974, issued by the Director of Education (Secondary), the Regional Inspectress of Girls Schools, Allahabad, has passed the order dated 23rd March, 1987 that the petitioner, a lady teacher in the Primary Section of an Intermediate Girls College, is not entitled to receive the salary and other emoluments as a teacher in the C. T. Grade. The legality of the aforesaid communication of the Director of Education (Secondary) and the aforesaid order of the Regional Inspectress is being questioned in the present writ petition
(2.) THE Standing Counsel represents the Regional Inspectress and the State of U. P., who are cited as the respondents no 1 and 3 to the writ petition. A counter-affidavit has been filed on behalf of the Regional Inspectress as well as the State of U. P. by one Sri A. P. Singh, a Camp Clerk, in the office of the Regional Inspectress. A rejoinder-affidavit has been filed to this affidavit on behalf of the petitioner. THE petition is ripe for hearing. It has not been formally admitted as yet. With the consent of the learned counsel for the parties we are disposing of the same finally. On 31st October, 1973, the petitioner was appointed as a lady teacher in the B.T.C. Grade in the Primary Section in a regular vacancy in the Indian Girls Inter College, Allahabad and on 18th December, 1973. her appointment was approved by the Regional Inspectress. At the time of her appointment the petitioner was a trained graduate (B.A.L.T.). In 1974 she passed the M. A. examination in Sociology from the University of Kanpur. Since January, 1980, the case of the petitioner for being paid emolument of a teacher in the C. T. grade had been pending before the Regional Inspectress and that authority for the first time negatived the claim of the petitioner by her order dated 23rd March, 1987 (one of the impugned orders). In Prem Lata Misra v. H. L. Dutt, ILR (1) All. 1974, 220 a Division Bench of this Court took the view that it was permissible for a Higher Secondary School to maintain only classes XI and Xll or classes VI to XII or even classes I to XII. In each case the institution would be categorised as Higher Secondary School and if it is recognised by the Board of High School and Intermediate Education, it will be deemed to be a recognised institution within the meaning of the U. P. Intermediate Education Act, 1921 (hereinafter referred to as the Act). It was also held that the words "Every person employed in a recognised institution" used in Section 16-G of the Act were very comprehensive and of general import to include all teachers and employees of an Intermediate College or Higher Secondary School irrespective of the class they taught. This decision was given on 11th September, 1973. At that time in Section 2 (b) "Institution" was defined to mean "whole of an institution or part thereof, as the case may be and in section 2 (d) 'Recognition' was defined to mean "recognition for the purpose of preparing candidates for admission to the Board's Examinations". By Section 2 of U. P. Secondary Education Laws (Amendment) Act No. 26 of 1975 the definition of "Institution" was substituted thus : "Institution means a recognised Intermediate College, Higher Secondary School or High school, and includes, where the context so requires, a part of an Institution and "Head of Institution" means the Principal or the Head Master, as the case may be, of such Institution. No change was introduced in the definition of "Recognition". Section 21 of the U. P. Act No. 26 of 1975 provides : - "Notwithstanding anything contained in any of the Principal Acts referred to in Chapters II and III, it shall be lawful for the State Government to make, within one year from the commencement of this Act, Regulations in respect of the matters contained in Chapter It or, as the case may be, Rules in respect of the matters contained in Chapter III, and every Regulation or Rule so made by the State Government shall continue to remain in force, until it is duly amended or rescinded under the Principal Act as amended by this Act." (Principal Act means the U. P. Intermediate Education Act 1921. In Chapter II the amendments of the Intermediate Education Act, 1921 have been introduced and in Chapter III amendments of U. P. High School and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971 are introduced). By U. P. Gazette extra-ordinary dated 7th July, 1976, Chapter II of the Regulations framed under the Act had been substituted and a fresh set of Regulations were introduced. In this petition, we are concerned with Regulation 7 as inserted by the said notification of 7th July, 1976. A detailed reference to this Regulation will be made at the appropriate place in this judgment. Regulation 1 in Chapter II, before the notification of 7th July, 1976 read : "The minimum qualifications for appointment as Principal, Headmaster and teachers in recognised Higher Secondary Schools shall be as given in Appendix 'A'." Appendix A, as it then stood, contained 49 items. Item no. 1 related to the Principal of a Higher Secondary School or Intermediate College. The remaining items related to teachers for classes XI and XII or IX and X. None of the items related to the teachers of class VIII and below that class. Some items related to the Assistant Teachers teaching in the Intermediate classes. After the notification of 7th July 1976, Appendix A was amended. In the amended Appendix a category of "other teachers" was added. Under this head teachers for junior classes (Classes VI, VII and VIII) and teachers for primary classes (Classes I to V), if any or teachers of girls institutions were mentioned. The minimum qualification of both the categories of teachers was also mentioned.
(3.) IN Commissioner, Lucknow Division v. Km. Prem Lata Misra, AIR 1977 SC 334 (decided on 26th October, 1976) the Supreme Court reversed the decision of this Court in Prem Lata's case (supra) and held that the basic section of a school was not a part of a recognised institution. Their Lordships disagreed with the view of this Court that the basic section is an integral part of the institution and, therefore, must be governed by the provisions of the Act. Their Lordships also held that a school by extending its operation to fields beyond that covered by the Act cannot extend the ambit of the matter to include in its sweep new fields of education which were outside its scope. It may be noted that their Lordships interpreted the definitions of "INstitution" and "Recognised" as they stood prior to the enforcement of U. P. Act 26 of 1975. It appears that their Lordships' attention was not invited to the changed definition of "INstitution". It also appears that their Lordships' attention was not invited to the newly added Chapter II of the Regulations as substituted by the notification dated 7th July, 1976. In Mahanand Singh v. State of U. P., 1978 ALJ 1042 (decided on 28th March, 1978) Division Bench of this court relying upon the decision of the Supreme Court in Prem Lata's case (supra) held that the provisions of the U. P. Intermediate Education relate to the recognised institutions and recognition by the Board is for the purposes of preparing candidates for Board's examination, which means the Board of High School and Intermediate Education; The Basic section of a High School is not a part of the recognised institution.;