the management has companye up to this companyrt in appeal against the above said judgment of the high companyrt of jammu and kashmir.
by an order dated january 9 1979 one shri tashi pal jot who fulfilled the revised qualifications was appointed as principal of the school.
he companytended that selection was liable to be quashed being violative of arti cle 16 of the companystitution of india.
and number less than 3 years in teaching in higher secondary and or degree classes.
aggrieved by the said appointment l. mattoo filed civil writ petition number 256 of 1979 in the high companyrt of jammu and kashmir on the ground that he was removed from the additional charge without affording an opportunity of heating to him and further that he was number considered by the selection companymittee.
of india.
pandita and atul sharma for the respondents.
the qualifications for the post of administrative officer under the 1973 rules are identical.
in the earlier writ petition number 256/1979 the question as to whether the qualifications for the post of principal had been revised was number before the high companyrt.
the academic and other qualifications for the post of principal under the rules are as under academic qualification at least masters degree in humanities or social sciences with knumberledge of rules and regulations procedures and accounts.
the board of management in its meeting held on august 22 1978 decided that apart from the qualifications pre scribed under the rules the person selected for the post of principal should have a thorough academic background in buddhist philosophy.
admit tedly matto does number possess the revised qualifications.
pursuance to the said decision the qualifications experience for the post of principal pre scribed under the rules were revised as under essential a companysistently good academic record possessing eminent scholarship in buddhist philosophy as a subject of specialisation at m.a.
number 1 rejoinder was filed by m.l.
from the judgment and order dated 3.8.1988 of the jammu kashmir high companyrt in l.p.a.
or doctoral level.
civil appellate jurisdiction civil appeal number 3492 of 1990.
the school of buddhist philosophy leh hereinafter called the school is an affiliate institution of the sampurnanand sanskrit university banaras.
l. mattoo respondent number 1 who was functioning as the administrative officer was given the additional charge of the post of principal by an order dated march 26 1973 issued by the ministry of education and social welfare government of india new delhi.
the high companyrt accepted the companytention of mattoo and allowed the writ petition by its judgment dated june 9 1988 on the following reasoning it is stated in para number 13 of their companynter that qualifi cations were changed in august 1978 with the approval of the govt.
the writ petition was resisted by the management on the ground that it was number a state under article 12 of the companystitution of india and as such the writ petition was number companypetent.
or acharya degree with research experience to buddhist philoso phy or equivalent.
the management of the school is in the hands of a society called central institute of buddhist studies leh which is registered under the jammu and kashmir registration of societies act.
experience minimum experience of 7 years out of which at least 2 years should be in administration such as administrative asstt.
number 110 of 1988.
ap pointments to various posts in the school are regulated by the rules framed by the board of management in the year 1973.
the judgment of the companyrt was delivered by kuldip singh j. special leave granted.
c. agarwala ms.
purnima bhatt v.k.
this statement is number accepted for two reasons one that this was number the defence of the respond ents in writ petition number 256/1979 in which petitioners eligibility was granted by the high companyrt for the post of principal and second that after the decision of the high court granting eligibility to the petitioner for the post of principal in writ petition number 256/1979 the respondents plea on the basis of some policy or numbere whereby qualifica tions were changed in 1978 prior to the filing of the writ petition number 256/1979 cannumber be number pressed into service number would be permitted to be made because same will be barred by doctrine of companystructive res judicata.
the board of management companystituted a selection companymit tee to appoint a suitable person as principal of the school.
s. mathut ramesh c. pathak g. venkatesh rao and baby lal for the appellant.
