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13. Shri Chapalgaonkar, learned counsel holding for Shri S. C. Bora, learned counsel for the management argued that rule 61(c) of Secondary School Code was with regard to appointment of Assistant Head and the exception which was made earlier under the Secondary School Code, was also extended to the post of Assistant Head by virtue of specific clause. According to Shri Chapalgaonkar, the exception made applicable to the post of Assistant Head under the Secondary School Code, is not borrowed in the MEPS Rules. The omission of exception, according to Shri Chapalgaonkar, indicates the intention of the Legislation.

22. Under the new scheme i.e. under the MEPS Rules, a similar kind of exception to clause 61.2 of the Secondary School Code is incorporated in rule 3(4) of the MEPS Rules. Under the Secondary School Code, the title of clause 61.1 and 61.2 was "Appointment and duties of Heads of the schools". In clause 61. l(a), the qualifications for the post of Head of the school were given together with teaching experience and in case such a qualified person was not available, the management was required to approach the Deputy Director of region for relaxation of the conditions. If suitable teacher was not available to fill up the post of Head of the school, the management was permitted to advertise the post and select and appoint a suitable person fulfilling all required qualifications. It is material to note that similar kind of provision was also made applicable to the post of Assistant Head in case the classes are more than 20.

24. Let us advert to rule 5 of the MEPS Rules. Under the MEPS Rules, clause title of rule 5 is "Qualifications and appointment of Assistant Head and Supervisor". Under rule 5, the posts of Assistant Head and Supervisor are clubbed together. In the Secondary School Code, the position was different. Clause 63.1 was in respect of appointment of Supervisor. Under the Secondary School Code, the qualifications of Head, Assistant Head and Supervisor were one and the same. Under the MEPS Rules, similar kind of qualifications are prescribed to the post of Head, Assistant Head and Supervisor. Therefore, in order to make the position clear, it is stated in rule 5(2) that the provisions of rule 3 relating to qualifications and appointment of Head shall mutatis mutandis apply to the post of Assistant Head and supervisor. The Expression Mutatis Mutandis is to be construed as applicable to the provisions with regard to qualifications and not to the exception clause. Because it was not at all difficult to incorporate in rule 5(2) of the MEPS Rules the explanatory note "Together with exception thereunder", which was present in clause 61.2(c) of the Secondary School Code. All other conditions with regard to qualifications and number of classes contained in Secondary School Code are also incorporated in the MEPS Rules. However, the exception clause, which was made applicable to the post of Assistant Head and which was specifically incorporated in clause 61.2(c), is deliberately omitted in rule 5(2) of the MEPS Rules. Therefore, the word Mutatis Mutandis has a limited meaning. It is only applicable to the provisions relating to qualifications.

39. Under the Secondary School Code, by virtue of exception to clause 61.2, the seniormost lady teacher in girls' school fulfilling all conditions and having satisfactory record of service, was to be appointed as a Head Mistress of that school irrespective of her seniority vis-a-vis a male teacher. Rule 18 of the Secondary School Code defines Head of a school. Head of a school means a person who is appointed as a Head Master or Head Mistress of a school by the management. By virtue of Rule 18 of the Secondary School Code, management had very limited choice in the matter of appointing Head of the school i.e. either Head Master or Head Mistress. Under the MEPS Rules, Head of a school is required to discharge multiple responsibilities and duties. Taking into consideration the multiple nature of the duties, the choice in the matter of appointment of a Head of a school is enlarged. Now under the MEPS Rules, the management can exercise its choice in the matter of appointment of Head of a school from amongst the persons included in the definition of Head of a school. The first part of definition of Head of a school under Section 2(9) of the MEPS Act, defines who is the Head of a school and latter part would indicate any person from inclusive definition could be appointed as the Head of a school. This is precisely the context of inclusive definition. In our view, the view taken in the case of Shobha Nathuji Chahande (cited supra) is perfectly correct. The exception carved out for the post of Head, as contemplated in sub-rule (4) of rule 3 of the MEPS Rules, is not applicable to the post of Assistant Head in girls' school. The earlier view taken in the case of Shobha Nathuji Chahande (cited supra), therefore, does not require reconsideration.