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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.

27. Clause 61.1 of the Secondary School Code spoke as regards the qualifications of Head of a school as well as his responsibilities. The qualification, teaching experience and the responsibilities of Head of the school were clubbed under one head. However, in MEPS Rules, different heads are given. Rule 3(1) of the MEPS Rules speaks about the qualifications of the post of Head and the manner of appointment. The exception is introduced in sub-rule (4) of rule 3 of the MEPS Rules. Nothing is said about the responsibilities of the Head under rule 3. Rule 4 speaks about the responsibilities of Head. The responsibilities are divided into two parts. One part deals with responsibility of Head as an academic head of the school. The head of the school is also administrative head of the school and under the administrative head, he is supposed to maintain accounts, management of school library, laboratory, hostel for students, correspondence relating to administration of school, observations of the provisions of rules, regulations, the Secondary School Code and other orders issued by the Government or Director and instructions issued by the management in respect of administration of the school. Under the administrative head, the Head of the school is also expected to look after administration of the school, as may be assigned to him by the department, Director or the management.

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.