- (1.) THIS petition seeks the quashing of the order dated 9th February, 2011 passed by the Director of Education (Basic) Lucknow by which the representation dated 15th July, 2011 filed by respondent No.6 -Rama Yadav against the appointment of the petitioner as Headmaster of Radha Krishna Purva Madhyamik Vidyalaya, Daharmauva, Dadhwal, Sadat district Ghazipur (hereinafter referred to as the 'Institution') has been allowed and a direction has been issued to the District Basic Education Officer, Ghazipur to cancel the letter dated 25th February, 2010 by which he had granted approval to the appointment of the petitioner as Headmaster in the Institution. Such a direction has been issued by the Director of Education for the reason that the petitioner does not possess the requisite three years teaching experience in a recognized school.
(2.) THE minimum qualification for the appointment to the post of Headmaster of a recognized school is provided in Rule 4 of the U.P. Recognised Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Teachers) Rules, 1978 (hereinafter referred to as the 'Rules') which is as follows: - "4. Minimum qualification. - (1) The minimum qualifications for the post of Assistant Teacher of a recognised school shall be Intermediate Examination of the Board of High School and Intermediate Education, Uttar Pradesh or equivalent examination (with Hindi and a teacher's training course recognised by the State Government or the Board such as Hindustani Teaching Certificate, Junior Teaching Certificate, Basic Teaching Certificate, or Certificate of Training). (2) The minimum qualifications for the appointment to the post of Headmaster of a recognised school shall be as follows: (a) A degree from a recognised University or an equivalent examination recognised as such; (b) A teacher's training course recognised by the State Government or the Board, such as Hindustani Teaching Certificate, Junior Teaching Certificate, Certificate of Training or Basic Teaching Certificate; and (c) Three years teaching experience in a recognised school."
(3.) RULE 5 provides that no person shall be appointed as Headmaster or Assistant Teacher in substantive 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. 'Recognised School' has been defined in Section 2(h) to mean any Junior High School not being an Institution belonging to or wholly maintained by the Board or any local body recognised by the Board as such. 'A Junior High School' has been defined under Section 2(e) to mean an Institution other than High School or Intermediate College imparting education to boys or girls or both from Classes VI to VIII (inclusive). The petitioner had responded to an advertisement issued on 14th January, 2010 for the post of Headmaster. The petitioner possesses the Master of Arts and Bachelor of Education degrees and also claims to have teaching experience of a Lecturer in Hindi at Baba Ramdas Inter College, Ghazipur from 11th July, 2002 to May, 2006 and than from July, 2007. The Selection Committee recommended the name of the petitioner and the District Basic Education Officer, Ghazipur granted approval to the appointment of the petitioner by letter dated 25th February, 2010 whereafter an appointment order dated 3rd March, 2010 was issued. The petitioner joined the Institution as Headmaster but his appointment was assailed by respondent No.6 -Rama Yadav in Writ Petition No.37633 of 2010 for the reason that the petitioner possessed teaching experience of an Intermediate College, which teaching experience did not satisfy the requirement of Rule 4 of the Rules and for this purpose, reliance was placed upon a judgment of this Court in Arun Kumar Chaturvedi Vs. State of U.P. and Ors,2009 9 ADJ 691. This petition was disposed of on 1st July, 2010 with a direction to the Director of Education (Basic) to examine the factual issues.;