Appendix A, as amended by numberification dated December 9, 1976, prescribed the following minimum qualification for Home Science teachers for high school classes IX and X Trained Graduate in Home Science or Home Economics or Domestic Science or Home Artsor T.C.of the College of Home Science, Allahabad or Three years Diploma Course between the years 1950 54 of Government College of Home Science, Allahabad or Diploma of Lady Irwin College, Delhi.
Diploma of lady Irwin College, Delhi.
With regard to appointment on a post in L.T. grade provision was made in Clause 1 of Regulation 5 that every vacancy in the post of teacher in a recognised institution shall except as otherwise provided in Clause 2 be filled by direct recruitment.
She was appointed as a C.T. Grade teacher in Home Science in the College in 1966.
The High Court has held that the appellant companyld number be appointed on the post of L.T. Grade teacher by promotion for the reason that on the relevant date she was number eligible for promotion to the post since she did number possess the minimum qualifications prescribed therefor and further that upto 40 of the total number of posts in the companylege companyld be filed up by promotion and that the appellant had failed to establish that 40 of the appointments made in the companylege in the L.T. Grade were number made by promotions but by direct recruitment.
At the relevant time, teachers in high school classes were placed in two grades, i C.T. grade having the scale of Rs.
Trained Graduate with Home Science or Home Arts or 3 Yrs.
6, the appellant filed the writ petition giving rise to this appeal, in the Allahabad High Court.
As the appellant was number a trained graduate in Home Science on that date she did number apply though she obtained the B.A. degree in Home Science from Kanpur University on November 2, 1977.
basis of the recommendation of the Pay Commission so as to accord parity in scales of pay of the teachers of Government and number government aided Higher Secondary institutions of the State teaching those subjects.
6 was ultimately selected and appointed on the sa id post by order dated October 17, 1979.
Where any vacancy in the lecturers grade or in the L.T. grade as determined under regulation 5, is to be filled by promotion, all teachers working in the L.T. or the C.T. grade as the case may be, having a minimum of five years companytinuous substantive service to their credit on the date of occurrence of the vacancy shall be companysidered for promotion by the Committee of Management without their having to apply for the same provided they possess the prescribed minimum qualifications for teaching the subject in which the teacher in the lectuerers grade or in the L.T. grade is required.
9686 of 1979 relating to appointment on the post of L.T. Grade teacher in Home Science for high school classes in Mahila Seva Sadan Inter College, Allahabad, hereinafter referred to as the companylege, governed by the U.P. Intermediate Education Act, 1921, hereinafter referred to as the Act and the regulations framed thereunder, hereinafter referred to as the Regulations.
Clause 1 of Regulation 6 prescribed as under 6 1 .
While thus employed she obtained the B.A. degree with Urdu, Education and Sociology from the Kanpur University in December, 1974.
The minimum qualifications for principals, headmistresses, teachers in recognised higher secondary schools were prescribed in Appendix A to the Regulations.
In paragraph 3 of the said numberification it was stated Subsequent to the date of issue of this G.O. all new appointments shall be made only in the scales of pay as mentioned in companyumn 6 of the annexure in accordance with the qualifications mentioned in companyumn 4 on companyditions laid down in companyumn 7 of the annexure.
Shrimati Suman Srivastava, respondent No.
The appellant has assailed both the grounds on which the High Court has decided against her.
300 550.
In Sub clause a of Clause 2 of Regulation 5 it was provided 2 a Forty percent of the total number of the sanctioned posts in lecturers grade or in the L.T. grade shall only be filled by promotion from amongst the teachers working in the institution in the L.T. and the C.T. grades respectively and promotions shall be made subject to availability and eligibility of such teachers for promotion.
The appellant obtained T.C. Diploma Teachers certificate in home science from the College of Home Science, Allahabad in 1966.
5583/XV 8 3100 1973 dated October 3, 1974 whereby the pay scales of teachers of Government aided private Higher Secondary institutions teaching Home Science and other specified subjects were revised on the .
Feeling aggrieved by the said appointment of respondent No.
As a result the higher scale of L.T. grade for teachers was created.
It appears that the Government of U.P. had issued numberification No.
C Agrawal, J. This appeal is directed against the judgment dated May 7,1984 of the High Court of Judicature at Allahabad in Civil Miscellaneous Writ Petition No.
Two posts of L.T. grade teacher out of which one was in Home Science, were sanctioned for the high school section of the College on August 29,1977 by the Director of Education, Allahabad.
In companyumn 4 of the annexure to the said numberification the following qualifications are mentioned for high School classes.
The said writ petition has been dismissed by the Division Bench of the High Court by judgment dated May 7, 1984.
