- (1.) ARUN Tandon, J. Heard learned Counsel for the petitioner, learned Counsel for the respondents and the learned Counsel for Basic Shiksha Board, Allahabad.
(2.) SMT. Satyawati Devi, respondent No. 3 approached this Court by means of W. P. No. 21327/04 against the order of District Basic Shiksha Adhikari refusing to accord approval to the appointment of respondent No. 3 as Head Mistress of Bal Deep Public School Santpura Govindpuri Modinagar, Ghaziabad on the ground that the petitioner was M. A. , B. Ed. and therefore did not possess the prescribed qualification for appointment on the post of Head Mistress in a recognized Junior High School. Before the learned Single Judge it was also contended on behalf of State respondents that SMT. Satyawati Devi was also not possessed of requisite teaching experience of three years in a recognized institution. Learned Single Judge accordingly dismissed the writ petition by means of judgment dated 28-5-2004. Feeling aggrieved by the judgment dated 28-5-2004 Smt. Satyawati Devi filed Special appeal No. 823 of 2004. Division Bench of this Court for the reasons recorded in the order set aside the judgment and order of the learned Single Judge and remanded the matter for re-consideration to the District Basic Education Officer for deciding all the questions raised on behalf of the parties. It was further clarified that the District Basic Education Officer shall not be influenced by any of the observation of the Division Bench and shall take its independent decision. At the relevant time one Raju Rana was the District Basic Education Officer, Ghaziabad, he was placed under suspension on 4-12-2004. The Dy. District Basic Education Officer Indrajit was permitted to look after the office of District Basic Education Officer with effect from 4-12-2004. Only after three days, on assumption of charge, the Incharge District Basic Education Officer Indrajit passed an order on 6-12- 2005 according approval to the appointment of Satyawati as Head Mistress.
(3.) IN the said order, despite noticing the direction of Division Bench of this Court, he did not record any finding on the issue referred by this Court namely (a) a candidate possessing B. Ed. degree could be appointed as Head Mistress in a recognized Junior High School or not, (b) whether experience certificate submitted by Smt. Satyawati can be treated as valid for the purposes of three years experience as prescribed under the rule as one of the essential qualification for appointment on the post of Head Mistress. This order did not contain any reasons. On 22-12-2004 the same Incharge District Basic Education Officer passed a fresh order wherein he proceeded to record reasons in respect of his earlier order dated 6-12-2004.;