V.K. Shukla, J. - (1.) Committee of Management of the institution as well as Senior most teacher of the institution have approached this Court questioning the validity of selection and appointment of Devendra Kumar Tripathi as headmaster of Sri Bajranj Uchchattar Madhyamaik Vidyalaya, Azamgarh.
(2.) In both the writ petitions, principal ground on which selection and appointment of headmaster has been questioned is that incumbent in question does not fulfill requisite minimum eligibility criteria as is provided under Rules 4 and 5 of Recognized Basic School (Junior High School) (Recruitment and Condition of Services of Teachers) Rules, 1978, as Devendra Kumar Tripathi does not have to his credit any one of the training qualification as in envisaged Rules 4 and 5 of the aforesaid Rules and rather he has to his credit B.Ed. degree, which is not one of the recognized training qualification.
(3.) In Order to appreciate respective contention of the patties Rules 4 and 5 of Recognized Basic School (Junior High School) (Recruitment and Condition of Services of Teachers) Rules, 1978.' "4. Minimum qualification.--(1) The minimum qualifications for the post of clerk shall be Intermediate Examination of the Board of High School and Intermediate Education, Uttar Pradesh, or equivalent examination (with Hindi) and a minimum speed of 30 words per minute in Hindi typewriting. (2) The minimum qualification for the post of Group 'D' employee shall be Class V from an institution recognised by the Government of Uttar Pradesh or equivalent examination with Hindi. 5. Eligibility of appointment.--No person shall be appointed as Clerk or Group "D" employee in substantial capacity in any recognised School unless : (a) he possesses the minimum qualifications prescribed for such post; (b) he is recommended for such appointment by the Selection Committee. 16. Appointment.--Appointment by the Management (1) On receipt of communication of approval or as the case may be, on the expiry of the period of one month under Clause (iii) of Sub-rule (5) of Rule 15, the Management shall first offer appointment to the candidate given the first preference by the Selection Committee and, on his failure to joint the post, the candidate next to him in the list prepared by the Selection Committee and on the failure of such candidates also, to the last candidate mentioned in such list. (2) (a) The appointment letter shall be sent under the signature of the Manager, by registered post to the selected candidate. (b) The appointment letter shall clearly specify the name of post, the pay scale and the nature of appointment, whether permanent or temporary, and shall also specify that if the candidate does not join within 15 days from the date of receipt of the appointment letter, his appointment shall be cancelled. (c) A copy of the appointment letter shall also be sent to the District Basic Education Officer.";