Arun Tandon - (1.) -Petitioner Vinod Kumar Mishra claims to have been appointed as L.T. grade teacher in Ganesh Shanker Vidyarthi Inter College, Kanpur (hereinafter referred to as "College") on 30.9.1989. The petitioner claims to have been working as such since then and in support thereof has placed reliance upon the certificate issued by the Principal of the institution. Petitioner is possessed of a degree of M.A. in Hindi. However, at the graduation level, i.e., B.A., he did not have Sanskrit as one of the subject. The Inter College is aided and recognized under the provisions of the Intermediate Education Act. The U. P. High School and Intermediate Colleges (Teachers and Other Employees) (Payment of Salary) Act, 1971, as well as those of the U. P. Secondary Education Services Selection Board Act, 1982, are fully applicable to the teachers of the institution in question.
(2.) ONE Sri Amrit Lal Singh, who was working as Lecturer Hindi in the institution retired on 30th June, 2001. Petitioner claims that he has been permitted to teach Intermediate Classes subsequent to retirement of Sri Amrit Lal Singh. As the petitioner did not have Sanskrit as one of the subject at the graduation level [which is admittedly an essential qualification prescribed under Appendix-A to Chapter II of the Regulations framed under the Intermediate Education Act for being appointed as Lecturer (for teaching Classes XI and XII)], he has made an application under Section 16E (3) of the U. P. Intermediate Education Act to the Madhyamik Shiksha Parishad, U. P., Allahabad (Board) for grant of necessary relaxation in the minimum qualification prescribed. The petitioner, with reference to various documents brought on record, alleges that the Board has not taken any final decision in the matter till date and therefore, seeks a writ of mandamus commanding the respondents to grant exemption from the essential qualifications prescribed for appointment as Lecturer Hindi. The petitioner has also brought on record a copy of the order passed in favour of one Sri Nandan Ballabh Pathak (annexed as Annexure-10 to the writ petition) where under the Regional Secretary, Bareilly, is said to have communicated a decision of the Manyata Samiti of the Bareilly Region dated 12th November, 1997, granting relaxation in the essential qualification prescribed in the similar set of facts. This Court, while entertaining the present writ petition, on 12th February, 2007, framed two basic issues which arose for consideration in this petition. The issues so framed by this Court as per the order dated 12th February, 2007, read as follows : "(a) Whether Section 16E (3) proviso survives even after enforcement of the provisions of U. P. Secondary Education Services Selection Board Act, 1982 inasmuch as 1982 Act, which provides that appointment shall be made in accordance with the provisions of the U. P. Secondary Education Services Selection Board Act only which would necessarily include the Rules framed thereunder. (b) Even if it is presumed that the power under Section 16E (3) is exercisable, the said power can be exercised by the Madhyamik Shiksha Parishad. The Director of Education/ Joint Director of Education has no authority of law to grant any relaxation."
(3.) UNDER order of the Court the original records pertaining to Sri Nandan Ballabh Pathak have been produced before this Court. On record is a letter of the Deputy Secretary dated 28.2.2007, relevant portion of which reads as follows : ...[VERNACULAR TEXT OMMITED]... However, subsequently the original records pertaining to the meeting of the Manyata Samiti of Madhyamik Shiksha Parishad pertaining to Bareilly Region have been produced before this Court. The original minutes of the meeting so produced have been taken on record.;