K.C.Agrawal, V.K.Khanna, JJ. - (1.) Though this petition filed under Article 226 of the Constitution, the petitioner has sought the relief of Mandamus directing respondents 2 and 3 to take necessary steps for holding the selection for the post of Headmaster as advertised by the Committee of Management of the Janta Uchchtar Madhyamik Vidyalaya, Murra, district Farrukhabad, on 18-1-1981. The petitioner claims that he was been officiating as Headmaster Since July, 1980. On the publication of the advertisement for the above post of Headmaster, only three persons applied. The District Inspector of Schools awarded quality marks to the candidates, including the petitioner. The petitioner claims that out of sixty-three applicants, the petitioners name found place in the list selected for interview. A date for interview had also been fixed, but subsequently, an account of Radiogram issued by the State of U.P., the selection was postponed. On 10th July, 1981, an Ordinance was promulgated, which is known as the Uttar Pradesh Secondary Education Services Commission and Selection Boards Ordinance. 1981 (U.P. Ordinance No. 8 of 1981), to establish a Secondary Education Services Commission and Selection Boards for the selection of teachers in institutions recognized under the Intermediate Education Act, 1921. As a result of the promulgation of the Ordinance, the petitioner could not be either interviewed or selected.
(2.) Challenging the validity of the Ordinance, learned counsel for the petitioner, raised the following points : 1. Section 14 of the Ordinance directing for the appointment etc. be made only on the recommendation of the' Commissioner the Board, is ultra vires the Constitution. 2. Since there was no specific prohibition imposed on the power of the Committee of Management to select and appoint the members and teachers so long as the Commission and the Board had not been constituted, the inaction of the District of Schools in not taking steps for appointment in accordance with the U.P. Intermediate Education Act, is in contravention of the law. 3. The provisions of the Ordinance being not universally applicable to all the institutions including minority it has discriminated the institution similarly situated, and, as such, the Act is ultra vires, and 4. The U.P. Intermediate Education Act having not been repealed, expressly or impliedly the selections are still required to be made in accordance with the procedure made by it. 5. Section 2 of the Ordinance defines the Expressions inter alia', 'institution, and teacher. The institution means an Intermediate College or a Higher Secondary School, or a High School recognised under the Intermediate Education Act, 1921, whereas the expression teacher means a person employed for imparting education in an institution and includes a principal or a Headmaster- Section 3 envisages the establishment c f the Commissioner, the composition, of which has been provided for in Section 4. Section 9 lays down the powers and duties of the Commission. From a reading of the aforesaid sections, it appears that the Commission is entitled to make the selections for appointment of the categories of teachers, the details of which have been mentioned in the Schedule given in the Ordinance, whereas Section 12 contemplates the establishment of Regional Selection Boards for selecting teachers other than those covered by the Schedule. Section 16 provides for an embargo laying down that after the promulgation of the Ordinance, every appointment of a teacher specified in the schedule, other than a teacher specified in it, shall be made by the Management on the recommendation of the Commission and the Board, as the case may be. Sub section (2) of Section 16, on which argument had been advanced before us by the learned counsel, reads as under. "Every appointment of a teacher, in contravention of the provisions of sub-section (1), shall be void."
(3.) Having heard the petitioners learned counsel and the State counsel we are of opinion that the writ petition has no merit. The Ordinance has a laudable object for establishing a Secondary Education Service Commission and Selection Boards, for selection of teachers in the institutions. This has been done to find out the best of those who are entitled to be appointment as teachers. The obvious purpose is the benefit of the students. The Slate in a democratic set up is vitally interested in securing a healthy system of education for its coming generation of citizens, and, as such the Ordinance had been issued to. achieve that purpose,;