IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/B) No. 86 of 2003 V.S. Mani and another ….…… Petitioners Versus Director of Education Uttaranchal, Dehradun & others. ………. Respondents Present: Mr. Bhuvnesh Joshi, Advocate for the petitioners. Mr.Vinay Kumar, Standing Counsel for the State/respondent No. 1 and 2. Mr. Anand Mishra, Mr. Sandeep Adhikari and Mr. Aditya Sah Advocates for respondent No. 5. Coram : Hon’ble Barin Ghosh, Chief Justice Hon’ble U.C. Dhyani, Judge Date : 20th December, 2011 JUDGMENT Barin Ghosh, C. J. (Oral) Learned counsel for the petitioners submitted that this writ petition was filed contending that the appointment of respondent No.5 was improper. The learned counsel submitted that during the pendency of the writ petition, both the petitioners have retired and, accordingly, he has been instructed to submit that the writ petition has become infructuous. 2. We, accordingly, dismiss the writ petition as infructuous. 3. At this juncture, it would be appropriate on our part to record that this writ petition was decided by this court proceeding on the basis that the qualification of head of institution is as mentioned in the books available in the market. It was brought to the notice of the Hon’ble Supreme Court that the qualification, which has been taken into account by this Court, is not the correct qualification. Accordingly, the Hon’ble Supreme Court, while setting aside the order of this court, remitted back the matter to this court for decision. Hon’ble Supreme Court, however, in its 2 judgment and order did not indicate the required qualification. In order to put the record straight, we felt that it would be appropriate on our part to mention the actual qualifications, as mentioned in the appropriate rules at the time of appointment of respondent No.5 and the same are as follows:- “Minimum Qualifications for Appointment of Head Master and Teachers in Private Recognised Higher Secondary Schools 1. Degree and diploma in the concerned subject of any university established or regulated by or under any Central Act, Provincial Act or State Act which is considered to be a University under Section 3 of University Grant Commission Act, 1956 or of any such institution especially empowered by any Act of Parliament shall be recognised for the purpose of minimum qualifications prescribed under it. 2. Under it in reference to prescribed qualifications the word “trained” means post-graduate training qualification such as L.T., B.T., B.Ed. S.C. or M.Ed of any university or institution as specified in earlier para or any equivalent (Degree or Diploma). It also includes departmental A.T.C. and C.T. with minimum teaching experience of five years. J.T.C. / B.T.C. grade teacher shall also be considered to be C.T. if he has worked in C.T. grade at least for five years. S. No. Name of the post & Educational Training Experience Age Desirable qualification 1 2 3 4 1 Head of the institution (1) Trained M.A. or M.Sc. or M.Com. or M.Sc. (Agri) or any equivalent post-graduate or any other degree which is awarded by corporate body specified in above-mentioned para one and should have at least teaching experience of four years in classes 9 to 12 in any training institute or in any institution or University specified in above-mentioned para one or in any degree college affiliated to such University or institution, Minimum 30 years. 3 1 2 3 4 (2) (3) recognised by Board or any institution affiliated from Boards of other States or such other institutions whose examinations are recognized by the Board, or should the condition is also that he / she should not be below 30 years of age. or First or second class post- graduate degree along with teaching experience of ten years in Intermediate classes of any recognised institutions or third class post-graduate degree with teaching experience of fifteen years, or Trained post-graduate diploma-holder in science. The condition is that he has passed this diploma course in first or second class and have efficiently worked for 15 or 20 years respectively after passing such diploma course. Notes–(1) Assistant teachers having at least second class post-graduate degree and specialised teaching experience of ten years in Intermediate classes of a recognised institution may be exempted from training qualifications, (as per the provisions contained in the Act.) (2) Teaching experience includes teaching prior to or after teaching or both. (3) Higher classes means classes from 9 to 12 and experience of teaching these classes is admissible for the post of Head Master of Intermediate college.” (U.C. Dhyani, J.) (Barin Ghosh, C.J.) 20.12.2011 20.12.2011 P.Singh