V.K.Shukla, J. - (1.) Petitioner Ramakant Misra, has approached this Court for issuing a writ in the nature of mandamus commanding the respondents to approve the name of the petitioner has Headmaster of the School, Nisar Ahmad Sherwani Chisti Junior High School, Bhargain, Etah.
(2.) In the district Etah there is recognized Junior High Schools known as Nisar Ahmad Sherwani Chisti Junior High School, Bhargain, Etah. Petitioner submits that one Dharamveer Singh had been performing and discharging duties as Headmaster. Said Dharamveer Singh attained the age of superannuation on 30.06.2000. Petitioner has contended that Aftab Alam, Assistant Teacher had been performing and discharging duties has officiating Headmaster. Petitioner has contended that thereafter proceedings were undertaken for making selection and appointment on the post of Headmaster and Assistant Teacher. Petitioner has contended that due permission was accorded to Managing Committee of the institution for filling up the vacant post. Petitioner submits that thereafter vacancy has been advertised in Zila Times, Etah, and Dainik Savera, Etawah on 26.04.2006. Petitioner has contended that Smt. Savita Devi Assistant Basic Education Officer, Jalesar was appointed as nominee of District Basic Education Officer. Petitioner has contended that selection proceedings took place on 2805.2006. Petitioner has contended that thereafter appointment letter has been issued on 29.05.2006 to the petitioner. Petitioner has further contended that entire papers were transmitted to District Basic Education Officer. Petitioner has further contended that he has been performing and discharging his duty. Petitioner has further contended that one Naresh Chandra Tiwari also claimed himself to be appointed as Headmaster of the institution. Petitioner has contended that though he has been performing and discharging duties, some order dated 29.01.2007 has been passed as he has received caveat. Petitioner has further contended that large scale manipulation has been made as such he has approached this Court with a request to declare and approve the name of the petitioner as Headmaster of the institution.
(3.) Before proceeding to advert the claim of the petitioner relevant provision under which Headmaster of Junior High School is to be appointed namely U.P. Recognized Basic (Junior High School) (Recruitment and Condition of the Service of Teachers) Rules 1978. Rule 4 and 5 of U.P. Recognized Basic (Junior High School) (Recruitment and Condition of the Service of Teachers) Rules 1978 are being looked into. "U.P. Recognized Basic (Junior High School) (Recruitment and Condition of the Service of Teachers) Rules 1978- Rule 4:-Minimum Qualification-(1) The minimum qualifications for the post of Assistant Teacher of recognized school shall be intermediate examination of the Board of High School and Intermediate Education Uttar Pradesh or equivalent examination (with Hindi and teacher's training course recognized 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 qualification for the appointment to the post of Headmaster of a recognized school shall be as follows: (a) A degree from a recognized University or an equivalent examination recognized as such: (b) A teacher's training course recognized 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 recognized schools. Rule 5: Eligibility for appointment: No person shall be appointed as Headmaster or Assistant Teacher in substantive capacity in any recognized school unless- (a) he possesses the minimum qualification prescribed for such post. (b) he is recommended for such appointment by the Selection Committee. Perusal of the aforesaid Rules would go to show that minimum qualification for the post of Headmaster of recognised School has been provided to be possessing degree and teacher training course recognized by the State Government or the Board such as Hindustani Teaching Certificate, Junior Teaching Certificate, Basic Junior Certificate or Certificate of Training and three years teaching experience in recognized schools. Rule 5 is categorical that no person shall be appointed as Headmaster or Assistant Teacher in the substantive capacity in any recognised School unless he possesses minimum qualification prescribed for such post.;