Court No. - 58
Case :- WRIT - A No. - 22659 of 2018 Petitioner :- Smt. Sarvati Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Mithilesh Kumar Tiwari Counsel for Respondent :- C.S.C.,Ashok Kumar Yadav
Hon'ble Ashwani Kumar Mishra,J.
This petition is directed against an order dated 5.10.2018, whereby the District Inspector of Schools, Kanpur Nagar has rejected petitioner's claim for being granted recognition as Officiating Principal of the institution.
It is not in issue that the institution was junior high school when it was taken on the list of grant-in-aid. The institution subsequently was upgraded to intermediate level and duly recognized as such. The provisions of U.P. Intermediate Education Act, 1921 are, therefore, applicable. The eligibility for the purposes of appointment on the post of Principal, therefore, would have to be seen as per provisions contemplated under the Act of 1921. The District Inspector of Schools, however, has observed that since payment of salary is being received under the Uttar Pradesh Junior High School (Payment of Salaries of Teachers and other Employees) Act, 1978, therefore, the qualification as is provided under such rules would be applicable for determining petitioner's entitlement. The reasoning assigned by the Inspector cannot be sustained inasmuch as the institution once is recognized under the Act of 1921 for imparting education upto intermediate level, the provisions of Act of 1921 would get attracted. The determination of qualification would be with reference to the Act of 1921 and not under the Rules of 1978.
Since the Inspector has proceeded on wrong premise to non-suit the petitioner, as such the order impugned dated 5.10.2018 cannot be sustained and is quashed. The Inspector concerned is directed to examine petitioner's entitlement with reference to her qualification, keeping in view the qualification prescribed under the Act of 1921. The required consideration would be made within a period of six weeks from the date of presentation of certified copy of this order.
Writ petition is, accordingly, disposed off.
Order Date :- 31.10.2018 Ashok Kr.