Indian Kanoon - Search engine for Indian Law

4. Mr. J.K. Rath, learned counsel for the petitioner assailed Annexure-7 as being without jurisdiction, unreasonable and unjustified. Mr. P.K. Mohanti, learned Additional Government Advocate, however, submitted that under the present scheme, a common feeding cadre is to be prepared consisting of trained graduate teachers of aided High Schools and Headmasters of aided Middle Schools in the circle as envisaged under Rule 8 (3) of the Rules for consideration of appointment of Headmasters of aided High Schools and accordingly, petitioner having obtained his B. Ed. degree only in 1978, cannot be promoted as Headmaster to come to the common feeding cadre earlier than other trained graduates in other aided Middle Schools who have become trained graduates earlier and yet have not become Headmastets. Mr. Mohanti has relied upon Letter No. 166/90-2745 (3) EYS dated 18-1-1990 of the State Government which is to the effect that post of Headmasters in aided Middle Schools are to be filled up on regular basis by candidates selected by Selection Board. In order to appreciate rival contentions, scheme of the Act and the Rules are to be examined

11. When this position continued. Rule 8(2)(b) was substituted on 16-3-1984 and in case of schools. Director was again made the approving authority.

12. Four years after, on 16-3-1988, Rule 8(2) and (3) was substituted. Earlier to it all appointments of employees of the same institution to posts carrying higher scale of pay were governed under Rule 8 (2) (b) and all temporary appointments for a period not exceeding three months were governed under Rule 8(2)(a). Rule 8(3) was a restriction on age of the persons to be appointed. By substitution, restriction of age was abolished. Vacancies in posts of Headmasters of High Schools and Readers including Principals of Aided Colleges were governed under Rule 8 (3). No specific provision was made in respect of filling up vacancies in post of Headmasters of Middle Schools. Rule 8 (2) (b) which is in respect of all posts other than the posts specified in Rule 8(3) also impliedly include post of a Headmaster of Middle School. Rule 8(2)(a) vested wider power on Managing Committee for making appointments restricting the time limit as was before, Rule 8(2) as substituted read as follows :