M.Katju - (1.) THIS writ petition has been filed against the impugned order of the District Inspector of Schools, Shahjahanpur dated 4-4-1990 (Annexure 6 to the writ petition) and with a prayer of mandamus directing the respondents to treat the petitioner as Head Clerk. I have heard Sri R.B.D. Misra, learned counsel for the petitioner, and Shri B. D Mandhyan, learned counsel for the respondents The petitioner as well as the respondent no. 4 Ghulam Ghaus Khan were appointed as Routine clerks in Islamia Inter College, Shahjahanpur by the order dated 21-11-77 vide Annexure-1 to the petition. The question in this petition, is as to who should be treated as senior, the petitioner or respondent no. 4. In para 12 of the writ petition the petitioner has referred to the U. P. Directorate of Education Ministerial Service Rules, 1983 and has claimed on the basis of these rules that he should be treated as senior. In my opinion, these rules nave no application. These rules apply to the employees of the Directorate of Education. Chapter 2 of Regulation 3 (I) (b) of the U. P. Intermediate Education Rules states that if two or more teachers are appointed on the same date, their interse seniority shall be fixed on the basis of age. Although this Rule applies to teachers, in my opinion the Rule is sound and fair and hence should also be applied to non- teaching employees, particularly since there is no rule applicable to non- teaching employees for fixing seniority of employees appointed on the same day.
(2.) IN my opinion we can use the Atidesh Principle of Mimansa in this connection. I have already pointed out in some earlier judgments of mine, as well as in an article published in November 1992 issue of All India Reporter, that the Mimansa Principles of interpretation were our traditional system of Interpretation used regularly by our jurists These principles originated from the religious difficulties found in interpreting and understanding the texts in the Shrutis pertaining to performance of the various yogyas Thus the Mimansa principles were originally meant for religious purposes, but since they were rational and scientific they gradually became of universal application, and began to be used in law, in grammar in philosophy etc. our great commentators like Vijnaneshwar, Jimutvahan, Vachaspati, Nanda Pandit, etc were all profound scholars of Mimansa. In fact those who wished to study law had first to undergo a course in Mimansa, for it was realized that without knowledge of the Mimansa principles there could be no real understanding of the law as laid down in the smritis. The Mimansa Principles were first laid down by Jaimini in his sutras written around 500 B. C. The main commentary on it is the Bhashya of Shabar, written around 200 A. D. Kumaril Bhatta's Tantravartika is the famous commentary on the Shabar Bhashya written around 300 A. D. Prabhakar is the founder of the Prabhakar schools of Mimansa (while Kumaril's school is known as the Bhatta School)
(3.) THE first six chapters of Jamini's sutras deal with upadesh, or express injunction while chapters 7 and 8 deal with addesh or injunction by reference and it is this principle which we shall examine here. Jaimini defines Atidesh as follows "if what is prescribed as a duty with regard to one object applies to another object this is called Atidesh".;