ARUN TANDON,J. - (1.) HEARD learned counsel for the parties.
(2.) THE controversy involved in the writ petition pertains to the consideration of the experience obtained by the teachers while working in recognized institutions affiliated to Central Board For Secondary Education, New Delhi (C.B.S.E.) for the purpose of being eligible for appointment as Principal/Headmaster of the institutions recognized under the Intermediate Education Act. Petitioners have made application for the purpose of being considered for the post of Principal in response to the advertisement published by the U.P. Secondary Education Services Selection Board, being Advertisement No. 2/2008. Under Appendix-A to Chapter-II of the regulations framed under the Intermediate Education Act for being considered for appointment on the post of Principal, a teacher has to be possessed of necessary teaching experience of imparting education to students of classes IX to XII. In the facts of the case the teaching experience required is four years. Petitioners claim that they have been working as regular teacher in the institutions recognized/affiliated to the C.B.S.E., New Delhi for more than four years. However, their applications have not been entertained on the ground that the experience gained while working in the institutions recognized by the C.B.S.E. cannot be taken into consideration for the purpose of Item-I of Appendix-A to Chapter-II of the Regulations framed under the Intermediate Education Act.
(3.) THIS Court vide order dated 04th September, 2009 required the Secretary (Education) of the State to file an affidavit disclosing his stand in the matter. The Director of Education has filed an affidavit before this Court on behalf of the respondent no. 1 as well as on his behalf. In the affidavit the only reason disclosed for not considering the experience gained by the petitioners while teaching in the institutions recognized by the C.B.S.E. is that they are paid salary by the management of the institution from its own resources and for this reason an attempt has been made to equate the petitioners with the part-time teachers appointed under Section 7-AA of the Intermediate Education Act i. e. in self-financing Intermediate College. Reliance has also been placed upon Section 7-AB of the Intermediate Education Act, which provides that in respect of part-time teachers appointed under Section 7-AA provisions of the U.P. High School and Intermediate Colleges (Teachers and other Employees) (Payment of Salary) Act, 1971 and those of U.P. Secondary Education Services Selection Board Act, 1982 will not be applicable. ;