YATINDRA SINGH, J. - (1.) These writ petitions (detailed in Appendix -9 of this judgment) challenge selection of Heade of private High School (10th Class) and Intermediate Colleges (12th Class) (referred to as institutions in this judgment). These selections are being made by U.P. Secondary Education Service Selection Board (the Board) under U.P. Secondary Education Service Selection Board Act, 1982 and the rules framed therein. These petitions raise common grounds about validity of the cut -off date, validity of the Rules, advertisements inviting application, process of selection, award of marks, and the reservation policy. This judgment decides all writ petitions mentioned in Appendix 9 of this judgment.
(2.) IN some cases selected candidates have already joined. In other cases selections could not be held as the selection process was stayed. In most cases selections have been held, but selected candidates could not join due to interim orders. Ad -hociam is still continuing : damaging educational institutions, the building blocks of our future. To a great extent this has been contributed by the U.P. Secondary Education Service Selection Board Rules, 1998 (the Rules). They are examples of how rules may not be made. What should be done that this may not happen again? Perhaps we may give more importance to 'Symbolic Logic' and 'Plain Language' than we have done so far. I have explained this in greater details at the end of my judgment under heading 'FEW OBSERVATIONS AND RECOMMENDATIONS' and sub -heading 'symbolic logic and Plain Language' and 'Restatements of law' (paragraphs Nos. 124 to 128). And made recommendations for including these two topics as part of training. WORDS AND DEFINITIONS In this judgment, I will be using the words : (i) the Principal Act' to mean the U.P. Secondary Education Services Commission and Selection Board Act, 1982 as it was originally enacted. (ii) 'the Act' to mean the Principal Act as amended from time to time as it stood at that point of time. (Relevant sections of the Act are reproduced in Appendix -1 of this judgment). (iii) 'the Rules' to mean the U.P. Secondary Education Service Selection Board Rules, 1998 under which advertisements and selections have been held. (Relevant rules are reproduced in the Appendix -2 of this judgment). (iv) 'the Reservation Act' to mean U.P. Public Services (Reservations for Schedule Caste, Schedule Tribe and Other Backward Classes) Act, 1994 (Relevant parts of Sections 2 and 3 of the Reservation Act are appended as Appendix -6 to this judgment). (v) 'the Salaries Act' to mean U.P. High School and Intermediate Colleges (Payment of Salary of Teachers and Other Employees) Act, 1971. (vi) 'the Intermediate Act' to mean U.P. Intermediate Education Act, 1921. (vii) 'Appendix -A of Intermediate Regulations' to mean Appendix -A appended to Regulation 1 of Chapter II of the regulations framed under the Intermediate Act prescribing essential (minimum) qualifications for heads and teachers in educational institutions (Relevant part of Appendix -A is reproduced in Appendix -4 of this judgment). (viii) 'institution to mean private educational institution imparting education upto High School (10th Class) or Intermediate College (12th Class). (ix) 'head' to mean Headmaster of a High School (10th Class) or Principal of an Intermediate College (12th class). (x) 'teacher' to mean teacher only. It excludes 'head' in this judgment. Teacher has been defined under the Act as including head. This has caused confusion in interpreting the Act. I have purposely avoided this definition. (xi) 'the advertisements' to mean advertisements published on 12th August, 1998 and 24th December, 1999 challenged in these writ petitions. (xii) 'assistant teacher' to mean teacher in 'trained graduate grade' teaching class IX and X. (xiii) 'the direct applicants' to mean those candidates who apply in pursuance of advertisements for post of heads. (xiv) 'two senior most teachers' to mean those teachers whose names are to be considered for head of that institution without applying.
(3.) THE details of the appendixes to this judgment and the writ petitions are as follows : * Appendix -1. The relevant sections of U.P. Secondary Education Services Commission and Selection Board Act, 1982 (the Act), as amended time to time unless specifically indicated. * Appendix -2. The relevant rules of U.P. Secondary Services Selection Board Rules, 1998 (the Rules). * Appendix -3. Appendix B, C and D of the Rules in Hindi. * Appendix -4. Appendix B, C and D of the Rules in English (before 17th January, 2001). * Appendix -5. The relevant part of Regulation 1, Chapter II and Appendix -A of the Intermediate Regulations. * Appendix -6. Relevant paragraphs of the guidelines issued by the Board. * Appendix -7. Relevant parts of Sections 2 and 3 of the Reservation Act. * Appendix -8. Article 348 of the Constitution of India. * Appendix -9. The details of the writ petitions that are being decided by this judgment. * Appendix 10. The details of the writ petitions where petitioners were appointed not later than 6.8.1993 (i.e. who may claim regularisation under the Act if they satisfy other conditions). * Appendix 11. The details of the writ petitions where petitioners were appointed after 6.8.1993 but before 20th of April 1998 (i.e. those writ petitions in which cut off date can be challenged). * Appendix -12. The details of the writ petitions where vacancies arose prior to the enforcement of the Rules (i.e. where it is claimed that selection be held under the earlier rules).;