M.L.Bhat - (1.) FACTS as revealed in the writ petition may be summarised briefly. The petitioner is a holder of B. Ed. and M. Ed. Degrees from Allahabad University. He was appointed as a Lecturer in Psychology and Education in the year 1957 in K. P. Intermediate Education College, Allahabad on the basis of holding a Post Graduate Degree in Education as prescribed under the Regulations framed under the Intermediate Education Act. On 30th June, 1989 the post of Principal for the said college fell vacant and the Committee of Management of the college by its resolution dated 30th June, 1989 made the petitioner incharge of Principal's post on adhoc basis because the petitioner was seniormost Lecturer in the college. The District Inspector of Schools also gave his approval by his letter dated 4-12-89. On 4-5-90 a communication is said to have been addressed by the Deputy Director of Education to the District Inspector of Schools, Allahabad enquiring about the qualification of the petitioner for holding the post of Principal. The petitioner was asked to send his qualification which he did. Thereafter, the Committee of Management was asked by the Deputy Director of Education to get the matter clarified from the Board of High School and Intermediate Education of U. P. The Committee of Management is said to have received a similar reply from the U. P. Secondary Education Commission on 6-8-90.
(2.) ULTIMATELY the petitioner is said to have received a communication from the Committee of Management on 31st August, 90 by which the petitioner has been directed to hand over the charge of princ ipalship to the next Lecturer in the seniority list, The qualification for the post of Principal is prescribed under Appendix A to the Regulation framed under the U. P. Intermediate Education Act. The minimum qualification as given in the Appendix A for the post of Principal is trained M. A. or M. Sc. or M. Com. or M. Sc. (Agriculture) or any Post Graduate Degree by a body referred to in 1st Paragraph. The petitioner's contention is that the M. Ed. Degree held by him is a Post Graduate Degree equivalent to M. A. or M. Sc. and the same has been awarded to him by the Allahabad University. There is no doubt about the petitioner being a Post Graduate Degree holder as prescribed under Appendix A. Petitioner, besides holding a Post Graduate Degree has also training qualification being L. T. The petitioner is deprived of his right to hold the post of Principal on adhoc basis and may be deprived for consideration on permanent basis for the said appointment for reasons of mis-interpretation of the qualifications as mentioned in Appendix A. On the basis of aforesaid facts, the petitioner seeks a writ of certiorari for quashing the orders dated 30th and 31st August, 1990 passed by the District Inspector of Schools, Allahabad and the President of the Committee of Management respectively. He prays for a writ of mandamus also directing the opposite party not to take any action against the petitioner on the basis of the aforesaid two impugned orders and prays that he be considered for permanent appointment for the post of Principal. The main ground urged by the petitioner is that because he is M. Ed., therefore, he holds a Post Graduate Degree and is entitled to hold the post of Principal on adhoc basis and can be considered for the permanent appointment. There is no distinction anywhere in the Regulation or in the Intermediate Education Act about one year course or two year's course. The opinion given by the Board of High School and Intermediate Education and any other authority is against the prescribed regulation. As a result of impugned orders, respondent no. 6 who is next in seniority to the petitioner is ordered to be appointed as Principal in place of the petitioner. Respondent no. 7 is also next senior ranking in seniority below respondent no. 6. About the petitioner's seniority, there is no doubt. The dispute is only about his qualification. It is respondent no. 6 who is contesting the writ petition. He was added respondent no. 6 to the writ petition. He has filed counter affidavit also and has refuted the allegations set up by the petitioner in his writ petition. Other respondents have not filed the counter affidavit though time was granted to the Standing Counsel to file the same. Respondent no. 6 has stated that appointment of the petitioner as Principal of K. P. Intermediate College, Allahabad has been disapproved by the District Inspector of Schools, Allahabad on the basis of a representation made by him because the petitioner did not have the minimum qualification as prescribed in Appendix A to the regulation framed under the U. P. Intermediate Education Act. Since the petitioner does not posses the minium qualification prescribed, therefore, he is not qualified for being appointed as Principal on adhoc basis or on permanent basis. It is further contended by respondent no. 6 that qualifications for being appointed as Principal which existed prior to the amendment in the year 1976 indicated that M. Ed. is not a Post Graduate Degree. The amended notification of the Appendix dated 9-12-76 make it amply clear that M. Ed. is a training course and cannot be treated as a Post Graduate Degree or equivalent to Post Graduate Degree. For being appointed ar a Principal, a candidate must be trained as well as possessing the Post Graduate Degree, The expression "trained" has significance and the expression "trained" has been defined to include the 'possession of a Post Graduate Training qualification such as L. T., B. Ed., B. T. M. Ed. or an equivalent qualification. Thus the M. Ed. has been treated a Post Graduate training qualification but the basic qualification required for being appointed as Principal is M A., M. Sc. or M. Com. Along with that the candidate must possess M. Ed. qualification for the post of Principal. M. Ed. is not, therefore, a Post Graduate Degree. It is simply a Post Graduate Training Course.
(3.) UNAMENDED Appendix annexed to the writ petition by the respondent lays down the following qualifications for the post of Principal. "1. Principal of a (1) Trained M. A. With an experience Higher Secondary or M. Sc. or of teaching for at School or Inter- M. com. or least four years* mediate College. M. Sc. (Agri ) in a training inststu-tion recognised by the Department or in or Higher classes or a recognised** Higher (2) B. A. or B.Sc. Secondary School, or or B. Com. with in both combined M. Ed. B. Ed. or having at least Sc. (Lucknow) four years experience as a trained Graduate Headmaster of a Junior High School recognised by the Department, provided also that he/she is not below 30 years in age." The qualification laid down are preceded by the following conditions. "For the purpose of this entire list of minimum qualifications, the word 'trained' will imply the possession of a post graduate trained qualifications such as L. T. B. T. B. Ed., B Ed. Sc. (Lucknow), M.Ed, and A. T. C. of the Department. It will also include a C. T. with at least five years' teaching experience.'' The emphasis is laid by the learned counsel on the expression 'trained' in this Appendix. On 9th December, 1976, this Appendix seems to have been amended. For serial no. 1 following is substituted : "1. Head of Institution-(1) Trained M. A. or M. Sc. or M. Com. or M. Sc. (Agri), or any post graduate or other degree equivalent thereto awarded by a body referred to in first paragraph above, with an experience of teaching for at least four years in a training institution recognised by the Department or in a University or Institution on a Degree College affiliated to such University or institution referred to in first paragraph above or in Classes IX to XII of an institution recognised by the Board or affiliated to the Boards' of other States or of similar institutions whose examinations are recognised by the Board or of having at least four years' experience as a trained graduate Headmaster of Junior High School recognised by the Department provided also that he/she is not below 30 years in age. Or (3) Second Class Master's Degree with ten years' experience with distinction of teaching Intermediate classes in a recognised institution. Or (4) Trained post graduate diploma holder in Science provided he passed this Diploma Course in the First or Second Division and has put in meritorious service or 15 or 20 years respectively after passing such diploma course, in a recognised institution". The expression 'trained' is also explained in the said Appendix, which is as follows ;- "The word 'Trained' in respect of the qualifications prescribed hereunder shall imply the possession of a post graduate training qualification such as L. T. B. Ed., B. Sc. or M. Ed. or an equivalent qualification (Degree or Diploma) of any University or institution, as referred to in the preceding paragraph. It will also include A. T. C. of the Department and also C. T. with at least five years' teaching experience, A teacher possession I. T. C./B. T. C. shall also be deemed to be C. T. if he has worked in the C. T. grade for at least five years". From the amended Appendix, learned counsel for the opposite parties submits that M. Ed. is a training course in Education and it is not a Post Graduate Degree or equivalent to Post Graduate Degree. It is stated that trained M. A. in the Appendix would mean both M. A. and M. Ed. or M. Sc. or M. Ed. or M. Com, or M. Ed. The M. Ed. alone would not make a person eligible for being appointed to the post of Principal.;