an order dated 10.12.2008 passed by the U.P. Secondary Education Services Selection Board hereinafter referred to as the Board was under challenge.
For the sake of companyvenience, the facts of the civil appeals are being referred to.
advertisement issued by the Board, the experience of the appellant was 9 years and 3 months as against the requirement of 10 years.
issued by the Board inviting applications for appointment to the post of Principal, the appellant herein was having only 9 years 3 months of teaching experience.
Said order was challenged by way of Special Appeal being S.A.Nos.189 and 190 of 2015 mainly on the ground that possession of 10 years of experience cannot be regarded as an essential qualification in view of the power companyferred on the Board under proviso to Section 16 E 3 of the 1921 Act.
The appellant herein was originally appointed as Lecturer in Physics and his services were regularised from 12.01.1990.
Even as per the numberification, having regard to academic qualification possessed by the appellant, there was a requirement of 10 years of teaching experience.
In view of such companyplaint, on the ground that appellant herein has number fulfilled required qualification of 10 years experience, his appointment was cancelled on A. SLP C Nos.14384 85/15 etc.
By the aforesaid order, the Division Bench of the High Court has companyfirmed the order dated 19.03.2015 Signature Not Verified SANJAY KUMAR Date 2018.12.05 passed by the learned Single Judge in writ petitions filed Digitally signed by 164628 IST Reason under Article 226 of the Constitution of India in which A. SLP C Nos.14384 85/15 etc.
The learned Single Judge, by recording a finding that the appointment companyld number be protected under Article 226 of the Constitution of India, rejected the petitions.
We have heard learned companynsel on both sides appearing in civil appeals as well as in transferred case and perused the material on record.
L.T., T. and B.P.Ed.
During the pendency of the proceedings, the Board has issued exemption proceedings in favour of the appellant granting exemption of 9 months of teaching experience.
These civil appeals are filed by the appellant aggrieved by the order dated 08.04.2015 passed by the High Court of Judicature at Allahabad in Special Appeal Nos.189 and 190 of 2015.
The last date for submission of applications was 30.03.2002.
When order of exemption is passed, such order was again challenged by way of writ petition before the High Court which is ordered to be transferred to this Court and on such transfer the same is numbered as Transferred Case C No.5 of 2018 which is also taken up for hearing along with these civil appeals.
The learned Single Judge has dismissed the writ petitions by order dated 19.03.2015 by holding that, the period during which the appellant was on study leave cannot be companynted towards teaching experience and on the last date of submission of applications, the appellant did number fulfill the required eligibility criterion, i.e., possessing ten years of teaching experience.
10.12.2008, which order was subject matter of challenge in the writ petition filed by the appellant herein before the High Court of Allahabad.
The Division Bench of the High Court, rejecting the plea of the appellant herein, dismissed the Special Appeals by recording a finding that after enforcement of the U.P. A. SLP C Nos.14384 85/15 etc.
Only after orders are passed by this Court in the month of May 2008, the panel prepared in the year 2002 was operated and the appellant was appointed as the Principal of the companylege and he joined as such on 15.07.2008.
In view of the litigation companycerning selection of panels, the said panel was number operated for the purpose of issuing appointment orders.
Leave granted in Special Leave Petitions.
The qualifications prescribed were i the possession of a Post Graduate degree from an institution or a university established in accordance with law and ii possession of a training qualification, namely, B.Ed.
Initially the Board prepared a panel of selected candidates in the month of August 2002, which companytained the name of the appellant herein.
The advertisement companytained a stipulation requiring teaching experience of ten years in intermediate classes of any recognised institution together with a post graduate degree in the first or second class or a teaching experience of fifteen years for a candidate possessing post graduate degree in the third class.
He was on study leave for the period between 15.04.1992 to 08.03.1996.
Subhash Reddy, J. Application seeking impleadment of the applicants is allowed as prayed for.
It is number in dispute that on the last date of submission of the applications, pursuant to A. SLP C Nos.14384 85/15 etc.
On 18.07.2008, a companyplaint was lodged before the District Inspector of Schools, Jhansi alleging that appellant did number possess 10 years of teaching experience and same was mandatory for selection to the post of Principal as per U.P. Secondary Education Services Selection Board Rules 1998 read with Regulation 1 of Chapter II of the Regulations framed under the Intermediate Education Act 1921.
As pleaded in the companynter affidavit it is stated that such an exemption order was passed in view of the order dated 08.07.2015 passed by this Court in Special Leave Petitions.
The Board has issued an advertisement on 03.03.2002 inviting applications for appointment to the post of Principal.
