AMAL KISHORE SINGH Vs. STATE OF U.P.,
LAWS(ALL)-2017-5-94
HIGH COURT OF ALLAHABAD
Decided on
May 23,2017
Amal Kishore Singh
Appellant
VERSUS
State Of U.P.,
Respondents
Referred Judgements :-
VINDHYACHAL YADAV VS. STATE OF U.P. AND ORS. [REFERRED TO]BANSH LAL SINGH SENGAR VS. DISTRICT INSPECTOR OF SCHOOLS, KANPUR DEHAT AND OTHERS [REFERRED TO]
JUDGEMENT
-
(1.)Heard Ms. Neha Rai Chaudhary, learned counsel for the appellant, Sri Rajeev Mishra, learned counsel for respondent no.5/petitioner and learned Standing Counsel for respondent nos. 1 to 3.
(2.)While hearing the present intra-court appeal arising out of the judgment and order of the learned Single Judge dated 16th Aug., 2013 passed in Writ-A No. 40949 of 2013 (Harish Chandra Vs. State of U.P. and 4 Others), one of the issues, which has cropped up for consideration before us is as to whether a teacher working in a recognized Intermediate College having to his credit a post graduate degree as well as B.P. Ed. can be said to be qualified for being appointed as Principal of the Intermediate College or not.
(3.)For appreciating the controversy, it is worthwhile to reproduce Appendix-A of Chapter II of the Regulations framed under the U.P. Intermediate Education Act, 1921, which reads as follows: "APPENDIX A (In reference to Regulation 1 of Chapter II) Minimum eligibilities for appointment of Heads and teachers in non-Government recognised Higher Secondary Schools.
1. Degree and diploma in concerned subject of any University established or regulated by or under any Central Act, Provincial Act or State Act, which is considered to be a University under Sec. 3 of the University Grants Commission Act, 1956, or of any such institution specially empowered by any Act of Parliament shall be recognised for the purpose of minimum qualifications prescribed under it.
2. Under it in reference to prescribed qualifications the word "trained" means post graduate training qualification such as L.T., B.T., B. Ed., B. Ed. Sc. or M. Ed. of any University or institution as specified in the earlier para or any equivalent (Degree or Diploma). It also includes departmental A.T.C. and C.T. with minimum teaching experience of 5 years'. J.T.C./B.T.C. Grae teacher shall also be considered to be. C.T. if he has worked in C.T. Grade at least for 5 years'.
Essential Qualifications Sl. No. Name of the Post Essential Training Experience Age Desirable qualifications 2 3
(2.)While hearing the present intra-court appeal arising out of the judgment and order of the learned Single Judge dated 16th Aug., 2013 passed in Writ-A No. 40949 of 2013 (Harish Chandra Vs. State of U.P. and 4 Others), one of the issues, which has cropped up for consideration before us is as to whether a teacher working in a recognized Intermediate College having to his credit a post graduate degree as well as B.P. Ed. can be said to be qualified for being appointed as Principal of the Intermediate College or not.
(3.)For appreciating the controversy, it is worthwhile to reproduce Appendix-A of Chapter II of the Regulations framed under the U.P. Intermediate Education Act, 1921, which reads as follows: "APPENDIX A (In reference to Regulation 1 of Chapter II) Minimum eligibilities for appointment of Heads and teachers in non-Government recognised Higher Secondary Schools.
1. Degree and diploma in concerned subject of any University established or regulated by or under any Central Act, Provincial Act or State Act, which is considered to be a University under Sec. 3 of the University Grants Commission Act, 1956, or of any such institution specially empowered by any Act of Parliament shall be recognised for the purpose of minimum qualifications prescribed under it.
2. Under it in reference to prescribed qualifications the word "trained" means post graduate training qualification such as L.T., B.T., B. Ed., B. Ed. Sc. or M. Ed. of any University or institution as specified in the earlier para or any equivalent (Degree or Diploma). It also includes departmental A.T.C. and C.T. with minimum teaching experience of 5 years'. J.T.C./B.T.C. Grae teacher shall also be considered to be. C.T. if he has worked in C.T. Grade at least for 5 years'.
Essential Qualifications Sl. No. Name of the Post Essential Training Experience Age Desirable qualifications 2 3
Copyright © Regent Computronics Pvt.Ltd.