Supreme Court of India

SMT. RAJ KUMARI CECILversusMANAGING COMMITTEE OF LAXMI NARAIN BHAGWATI DEVI VIDYA MANDIR, GIRLS HIGH SCHOOL

Citation: 1997 INSC 766
Decided: 27 November 1997
Disposal: Dismissed
Bench: SUJATA V MANOHAR

Holding

The Supreme Court held that the appellant had no case; the appointment as principal was not approved, so the termination was lawful and the suit and writ petition were rightly dismissed.

Summary

The appellant, a confirmed headmistress of a junior school, saw the school upgraded to a Higher Secondary School and applied for the post of principal. Although selected, her appointment was conditional on approval under the Uttar Pradesh Intermediate Education Act, 1921, and she was placed on probation. The competent authority did not grant approval because she lacked the prescribed qualifications, and the managing committee terminated her services. She filed a civil suit seeking a declaration that she remained a confirmed headmistress and an injunction to prevent her removal, and also filed a writ petition; both were dismissed by the High Court. On appeal, the Supreme Court held that since the appointment as principal was never approved, the termination was lawful, she could not continue as headmistress, and the suit and writ petition had no merit. Consequently, the appeal was dismissed.

Issues considered

Whether the termination of the appellant’s services was illegal in the absence of prior approval from the competent educational authority under the Act.
Whether the appointment of the appellant as principal required approval under Sections 16‑E, 16‑F and 16‑G of the Uttar Pradesh Intermediate Education Act.
Whether the appellant could continue as headmistress or assistant teacher under the proviso of Regulation 16 of Chapter III after the school’s upgradation.
Whether the non‑joinder of the competent authority rendered the civil suit and writ petition defective.

Legislation cited

Uttar Pradesh Intermediate Education Act, 1921s. 16-E, s. 16-F, s. 16-G, s. 2(aa), s. 2(bb)

Subjects

appointmentqualificationprincipalHigher Secondary SchoolU.P. Intermediate Education Acttermination of servicenon‑joinder of partycivil suitwrit petitioneducation law

Judgment

A SMT. RAJ KUMARI CECIL
v.
MANAGING COMMITTEE OF LAXMI NARAIN BHAGWATI DEVI
VIDYA MANDIR, GIRLS HIGH SCHOOL

NOVEMBER 27, 1997
B
[SUJATA Y. MANOHAR AND D.P. WADHWA, JJ.]

UP. Intermediate Education Act, 1921-Section 16-E, 16-F, 16-G-
Appointment as Principal-Grant of approval, a pre condition-When
C approval not granted for appointment of a candidate-No requirement to get
consent for termination of her services as Principal.

The appellant was working as Headmistress of the Junior school of the
respondent. The school was upgraded and recognised as Higher Secondary
School. The Managing Committee published an advertisement inviting
D applications for the post of Principal. The appellant applied for the post and
she was selected by the Managing Committee. Her appointment was, however,
subject to the approval under the provision of the Intermediate Education Act,
1921. She was placed on probation for one year from the date of joining her
duty. Thereafter, her services were tJ>rminated on the ground that the
competent authority under the Act did not approve her appointment to the
E post of Principal in as much as the appellant did not possess the requisite
qualifications as prescribed for the post of principal in the Higher Secondary
School. The appellant filed a civil suit claiming relief for declaration that she
was a confirmed Headmistress in the school of respondent and for mandatory
injunction that respondent be ordered to confirm her on the post of
Headmistress in that school. She also prayed for decree of perpetual injunction
F for restraining the respondent from removing her from the post of
Headmistress and also from making new appointment and holding any
selection. The trial court granted the appellant decree of declaration as
prayed but refused to grant the relief of injunction. However the High Court,
dismissed the suit. Writ petition filed by the appellant was also dismissed.
.G This appeal had been filed against the judgment of the High Court. The
appellant submitted that she being a confirmed Headmistress of the school,
on upgradation of the school when she did not satisfy the qualifications of
the Principal, she continued as a Headmistress being confirmed employee
of the respondent.
Dismissing the appeal, the Court
H 542
RAJ KUMAR! v. M.C.O. L.N. BHAGWA Tl DEVI [D.P. WADHWA, J.] 543
HELD : The appellant had no case either in the suit or in the writ A
petition. The appellant ceased to be Headmistress on upgradation of school
of the respondent to the Higher Secondary School as the post was upgraded.
She did not possess qualifications to be appointed as Principal of Higher
Secondary School. Her qualifications were not relaxed. The Competent
Authority under the Intermediate Education Act did not grant approval for B
her appointment as a Principal which is a pre-condition under the law. Since
the appointment itself was not approved it was not necessary for the Managing
Committee of the School to get consent of the authority concerned for the
termination of her services as a principal. The civil suit and the writ petition
filed by her had no basis and were rightly dismissed by the High Court.
(549-C-DI C
1.2. The proviso of Regulation 16 of Chapter III of the Regulation
under the Intermediate Education Act says that in such circumstances
Headmistress could have continued as an assistant teacher, if she satisfied
other qualifications as laid down for a teacher for a Higher Secondary
School. No such plea was ever raised and record also did not show if at any D
time the appellant ever based her case on such a plea. (549-H; 550-Al

CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 3155-56
of 1995.

From the Judgment and Order dated 19.12.86 of the Allahabad High E
Court in S.A.No. 371/81 and W.P.No. 2608of1986

Manoj Swarup, Ms. Lalita Kohli for M/s. Manoj Swarup & Co. for the
Appellant.

S. V. Deshpande for the Respondent.
F
K.S. Chauhan, (K.P.S. Dalal) Adv. for R.B. Misra for the State.

The Judgment of the Court was delivered by

D.P. WADHWA, J. The appellant who was working as Headmistress
in the school of the respondent filed the present appeal against the judgment G
dated December 19, 1986 of the High Court of Judicature at Allahabad (Lucknow
Bench). The judgment of the High Court decides two matters : (I) second
appeal filed by the respondent, the Managing Committee of the school arising
out of a civil suit filed by the appellant and (2) a writ petition also filed by
the appellant in the High Court. While the appeal filed by the Managing
Committee was allowed, the writ petition of the appellant was dismissed. H
544 SUPREME COURT REPORTS (1997] SUPP. 5 S.C.R.

A The appellant was working as Headmistress of the junior school of the
respondent. The school was upgraded and recognised as Higher Secondary
School. The Managing Committee published an advertisement inviting
applications for the post of Principal. The appellant who was working at that
time as Headmistress also applied for the post of Principal. She was called for
B interview and was selected by the Managing Committee. Her appointment
was, however, subject to the approval under the provisions of the Intermediate
Education Act, 1921. Appellant was placed on probation for one year from
the date of joining of her duty. She joined her post on May I, 1969. Instead,
however, confirming the appellant to the post of Principal the Managing
Committee by letter dated May I, 1970 terminated her services. This was on
c the ground that the competent authority under the Intermediate Education
Act did not approve her appointment to the post of Principal inasmuch as the
appellant did not possess the requisite qualifications as prescribed for the
post of Principal in a higher secondary school. This led the appellant to file
a civil suit in the court ofMunsifNorth, Lucknow claiming relief for declaration
D that she was a confirmed Headmistress in the school of the respondent and
for mandatory injunction that respondent be ordered to confirm her on the
post of Headmistress in the said school and she also prayed for decree of
perpetual injunction for restraining the respondent from removing her from
the post of Headmistress as also from making new appointment and holding
E any selection. After the services of the appellant were terminated the
respondent also re-advertised for the post of Principal and the appellant again
applied for her appointment to that post in pursuance to that advertisement.
The trial court granted the appellant decree of declaration as prayed but
refused to grant the relief of injunction. The Managing Committee filed an
appeal against the judgment and decree of the trial court. The appellate court
F upheld the judgment and decree of the trial court and dismissed the appeal.
Against that the Managing Committee filed second appeal in the High Court
which, as noted above, was allowed and the suit filed by the appellant
dismissed.

G The appellant also filed writ petition in the High Court praying for a writ
of mandamus directing the respondents to implement the decision of the court
in civil suit filed by her and for payment of arrears of salary and allowances
to her. This writ petition was also dismissed. Aggrieved the appellant has filed
this appeal.

H There is no dispute that the appellant did not possess the qualifications
RAJ KUMAR! v. M.C.O. L.N. BHAGWA TI DEVI [D.P. WADHWA,J.] 545
for being appointed as a Principal of the Higher Secondary School. It is also A
not disputed that the appointment is subject to approval of the competent
authority under the Intermediate Eduction Act. It is correct that the competent
authority has power to relax the qualification but then again it is not disputed
that the competent authority did not relax the qualification for the appointment
of the appellant as Principal of the Higher Secondary School of the respondent. B
We may also note that when the respondent filed her civil suit in the court
of Munsif and also writ petition in the High Court, she did not implead the
competent authority under the Intermediate Education Act or the State of U. P.
as party defendant or respondent. Recognition and upgradation of the school
in done by the Board constituted under the aforesaid Act and aid is provided
by the State Government. It was admitted before us that the school of the C
respondent is an aided school. That would mean that for payment of whole
of the salary or· part of the salary, the funds are to be given by the State
Government. An issue was framed in the trial court if the suit was bad for non-
joinder of educational authorities which issue unfortunately was decided
against the respondent. Perhaps not much serious thought was given to the D
issue so raised by the courts below.

To understand the plea raised by the appellant in the civil suit, we may
refer to the issues framed therein. These are as under :

"I. Whether the termination notice to the plaintiff is illegal and without E
reasonable cause?

2. Whether the plaintiff's appointment was temporary and conditional
as alleged in para 12 of the W. S. ?

3. Whether the suit is bad for non-joinder of necessary party as F
alleged in para 20 and 22 of the W.S. ?

4. Whether the suit is not maintainable as alleged in para 21 of the
w.s.?
5. To what relief, if any, is the plaintiff entitled. ? G
6. Whether the suit is barred by estoppel as alleged in the W. S. ?"

From the judgment of the first appellate court, it appears that the trial
court decreed the suit for declaration that the appellant continued to be on
the post of Principal though her suit for relief of injunction was dismissed. H
546 SUPREM~ COURT REPORTS [1997] SUPP. 5 S.C.R.

A When the matter came before the fifst appellate court, it said that the
following points were to be considered for the purpose of the decision of the
appeal :

"Whether the tennination of the plaintiff from the post of Principal is
illegal because, no prior approval of the educational authorities was
B obtained before tenninating the services of the plaintiff ?

2. Whether the plaintiff is estopped from challenging her termination?

3. Whether the suit is bad for non-joinder of the educational
authorities ?
c
4. Whether the learned Munsif acted illegally in decreeing the suit
for declaration for which no relief is prayed by the plaintiff."

In the second appeal before the High Court the substantial questions
D of law which were considered could be gathered from the impugned judgment
and these are as under :

"Aggrieved against the decree of the two courts below, the defendant-
appellant has come to this court and the two substantial questions
of law on which this appeal was admitted by this court were (I) as
E to whether the appointment of the plaintiff-respondent would be
deemed to have been approved under Section 16-F (2) of the U.P.
Intermediate Education Act as it stood in 1969 and (2) as to whether
the respondent was stopped from challenging the letter dated 1.5.1970
tenninating her services on the ground that her appointment had not
F been approved by the educational. authorities whether after the post
had been re-advertised and the plaintiff-respondent had applied against
the freshly advertised post. Another substantial question of law
pressed was as to whether under the provisions of Section I 6-G(2) of
the Act the approval from competent authority was required in
G terminating the services of the plaintiff-respondent."

We do not think there can be any dispute that when the appointment
of the appellant was subject to approval by the competent authority on
relaxation of her qualifications for the post of Principal, it is nevertheless
necessary for the respondent to seek approval for termination of the
H employment of the appellant.
RAJ KUMAR! v. M.C.O. L.N. BHAGWATI DEVI [D.P. WADHWA,J.] 547
Under Section 16-E of the Act, qualifications for appointment as A
Principals, Headmasters and teachers of different subjects at different stages
of the course shall be prescribed by regulation provided that the Board may

-- after considering the report of the Director exempt any person from the
requirements of minimum qualifications having regard to his experience,
education and other attainments. 'Director' means Director of Education, B
Uttar Pradesh, as defined under Section 2(aaa). Section 16-F bars the
appointment as a Principal, Headmaster or teacher in a recognized institution
unless he possess the prescribed qualification or has been exempted under
Section 16-E. However, if no candidate possessing the prescribed qualifications
is available for appointment, the Inspector of schools may permit the institution
to employ as a temporary measure any suitable person for a period not c
exceeding one year. Such period may be extended with the prior approval of
the Inspector. Section 2(bb) of the Act defines 'Inspector' to mean the District
Inspector of Schools and includes an officer authorised by the State
Government to perform all or any of the duties of the Inspector. Sub-sections
(2), (3) and (4) of Section 16-F provide as to how a persoP is to be appointed D
as a principal etc. These are as under :

''16-F. 9(1).......................................................... .
(2) The name of the selected candidate shall be forwarded for approval,
in the case of a teacher, by the Principal or Headmaster to the Inspector, E
and, in the case of Principal or Headmaster, by the Chairman of the
selection committee to the Regional Deputy Director, Education. A
Statement showing the names, qualifications and other particulars as
may be prescribed of all candidates who may have applied for selection
shall also be sent along with the name of the selected candidate. The
Inspector or Regional Deputy Director, Education, as the case may be, F
shall give his decision within two weeks of the receipt of the relevant
papers, failing which approval shall be deemed to have been accorded.

(3) Where the Regional Deputy Director, Education, or the Inspector,
as the case may be, disapproves for reasons to be recorded in writing G
of any name proposed under sub-section (I), the management may,
within three weeks of the receipt of the disapproval, make a
representation against it to Deputy Director in the case of a Principal
or Headmaster and to the Regional Deputy Director, Education, in the
case of a teacher, and the decision of the Director or Regional Deputy
Director, Education, as the case may be, in the matter shall be final. H
A
548 SUPREME COURT ,REPORTS [1997] SUPP. 5 S.C.R.

(4) Where the recommendation made under sub-section (2) has been
l
disapproved and the representation of the management, if any, under
sub-section (4) has been rejected, the selection committee shall proceed
to select and recommend another name for approval as provided
under Section 16-E and 16-F. If the selection so made is again
B disapproved and the representation, if any, against the disapproval
has not been accepted, the Regional Deputy Director, Education, in
case of a teacher and the Director in case of a Principal or Headmaster
may appoint any qualified person out of the list of the candidates
applying for the vacancies and such appointment shall be final."

C In this case, when approval of the appointment of the appellant was not
forthcoming or appointment had been disapproved, the process for selection
of Principal was restarted and advertisement put in, in pursuance of which the
appellant also applied. Reliance had been placed on the provision of Section
16-G relating to conditions of service of teachers which provides that the
D Principal or Headmaster, as the case may be, could not be served with notice
of termination of service except with the prior approval in writing of the
Inspector. Section 16-G, in relevant part, is as under :

'' 16-G-(l) .......................................................... ..

E (2) ....................................................................... .

(3Xa)No Principal, Headmaster or teacher may be discharged or
removed or dismissed from service or reduced in rank or subjected to
any diminution in emoluments, or served with notice of termination of
service except with the prior approval in writing of the Inspector. The
F decision of the Inspector shall be communicated within the period to
be prescribed by regulations.

(b) The Inspector may approve or disapprove or reduce or enhance
the punishment or approve or disapprove of the notice for termination
of service proposed by the management :
G
Provided that in the cases of punishment, before passing orders, the
Inspector shall give an opportunity to the Principal, the Headmaster or the
teacher to show cause within a fortnight of the receipt of the notice why the
proposed punishment should not be inflicted."

H Under clause (e) of Section 16-G, an appeal could be filed before the
RAJ KUMAR! v. M.C.O. L.N. BHAGWATI DEVI [D.P. WADHWA,J.) 549
appellate committee against the order of the Inspector. Under sub-section (4) A
of Section 16-G an order made or decision given by the competent authority
under sub-section (3) shall not be questioned in any court and the parties
concerned shall be bound to execute the directions contained in the order or
decision within the period that may be prescribed therein.

Considering the pleadings of the parties and .the provisions of law set B
out above the answer becomes quite obvious that the appellant had no case
either in the suit or in the writ petition. The appellant ceased to be Headmistress
on upgradation of school of the respondent to the Higher Secondary School
as the post was upgraded. She did not possess qualifications to be appointed
as Principal of the Higher Secondary School. Her qualifications were not C
relaxed. The Competent Authority under the Intermediate Education Act did
not grant approval for her appointment as a Principal which is a pre-condition
under the law. Since the appointment itself was not approved it was not
necessary for the Managing Committee of the school to get consent of the
authority concerned for the termination of her services as a Principal. Her civil D
suit and the writ petition had no basis and were rightly dismissed by the High
Court. However, our attention was drawn during the course of arguments
towards the provisions of Regulation 16 of Chapter III of the Regulations
under the Intermediate Education Act, which is as under :

"16. The vacancy of a head of an institution shall be filled by direct E
recruitment for which teachers serving in the institution may apply
without upper age-limit, if any :

Provided that when an institution is raised from a High School to an
Intermediate College, the post .of Principal shall be filled by the
promotion of the Headmaster, if he is qualified, possesses a good F
record of service and is approved in the manner described in the Act.
A Headmaster not approved shall be retained as an assistant teacher
on the highest post for which he is qualified, provided that his pay
shall not be reduced."

It was submitted that the appellant was a confirmed Headmistress of the G
school of the respondent and on upgradation of the school when she did not
satisfy the qualifications of the Principal, she could not be thrown out and
she continued as a Headmistress being confirmed employee of the respondent.
Perhaps the indication was towards the proviso of the above regulation which
says that in such circumstances Headmistress could have continued as an H
550 SUPREME COURT REPORTS [1997] SUPP. 5 S.C.R.

A assistant teacher, if she satisfied other qualifications as laid down for a
teacher for a Higher Secondary School. We are afraid no such plea was ever
raised and record also does not show if at any time the appellant ever based
her case on such a plea. We, therefore, find no merit in this appeal.

The appeals are, therefore, dismissed. There will be no order as to costs.
B
R.A. Appeals dismissed.

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