- (1.) The appellant having unsuccessfully pursued a writ proceeding under Article 226 of the Constitution, is in appeal against a judgment and order of the learned Single Judge dated 15 April 2015.
(2.) The appellant was appointed as a Lecturer in Physics on 21 January 1980 in the D.P. Girls Inter College, Allahabad, an institution which is recognised under the Uttar Pradesh Intermediate Education Act, 19211. An advertisement was published by the Uttar Pradesh Secondary Education Services Selection Board2 for appointment of the Principal of the institution in 2011. On 12 March 2015, the Board invited two senior most teachers of the college for an interview for the post which was scheduled to be held on 16 April 2015. The second senior most teacher in the seniority list is stated to have attained the age of superannuation on 24 December 2014 and was continuing in service until the end of the academic session. The appellant applied for his name being forwarded for interview under Rule 12(6) of the U.P. Secondary Education Services Selection Board Rules, 19983. The Committee of Management submitted the records pertaining to the appellant and the senior most teacher. The Board rejected the candidature of the appellant on the ground that he was not eligible for appointment on the post of Principal being a male candidate (as a result of the bar created by Rule 9 of the Rules of 1998) and the institution was directed to send the name of the next senior most woman teacher. Aggrieved, the appellant filed a writ petition seeking, inter alia, to challenge the order dated 9 April 2015, rejecting his candidature and seeking a mandamus to the Board to allow the appellant to appear in the interview scheduled to be held on 16 April 2015. The learned Single Judge dismissed the writ petition holding that Rule 9 of the Rules of 1998 prohibits the appointment of a male candidate in a girls institution as Headmaster or Principal. The learned Single Judge held that the restriction was not in conflict with either the Act of 1921 or the U.P. Secondary Education Services Selection Board Act, 19824 nor was it unreasonable. The petition was accordingly dismissed.
(3.) The Uttar Pradesh Intermediate Education Act, 1921 was enacted to establish a Board of High School and Intermediate Education. Section 16-E envisages that the head of the institution and teachers shall be appointed by the Committee of Management in the manner which is thereinafter provided. The Act of 1982 established the Board for the selection of teachers in institutions recognised under the Act of 1921. The Statement of Objects and Reasons accompanying the introduction of the Bill in the state legislature furnish the following rationale for the enactment of the Act: "The appointment of teachers in secondary institutions recognised by the Board of High School and Intermediate Education was governed by the Intermediate Education Act, 1921 and regulations made thereunder. It was felt that the selection of teachers under the provisions of the said Act and the regulations was some times not free and fair. Besides, the field of selection was also very much restricted. This adversely affected the availability of suitable teachers and the standard of education. It was therefore, considered necessary to constitute Secondary Education Service Commission at the State level, to select Principals, Lecturers, Headmasters and L.T. Grade teachers, and Secondary Education Selection Boards at the regional level, to select and make available suitable candidates for comparatively lower posts in C.T./J.T.C./B.T.C. Grade for such institutions.";