OM PRAKASH RANA ETC. ETC. versus SWARUP SINGH TOMAR & ORS. ETC. ETC.

Citation: [1986] 3 S.C.R. 1 · Decided: 09-05-1986 · Supreme Court of India · Bench: P.N. BHAGWATI · Disposal: Dismissed

Judgment (excerpt)

r 
OM PRAKASH RANA ETC. ETC. 
v. 
SWARUP SINGH TOMAR & ORS. ETC. ETC. 
MAY 9, 1986 
[P.N. BHAGWATI, C.J. AND. R.S. PATHAK, J.] 
U.P. Intermediate Education Act, 1921: Section /6-G(2)(c) & 
Regulations 55-62/U.P. Secondary Education Services Commission 
& Selection Boards Act, 1982: Section 16( l )(a) 
Scope and Effect of s. !6-G(2)(c)-Explained 
Vacancy in the post of Principal/Headmaster-Whether can he 
A 
B 
c 
filled by process of transfer from one educational institution to another. 
D 
Section 16-G(2)(c) of the U.P. Intermediate Education Act, 1921 
and regulations SS to 62 in Chapter III of the Regulations framed there-
under provided for the transfer of service of Head of Institutions, 
teachers and other employees from one recognised institntion to another. 
The State Government promulgated the U.P. Secondary Education 
Services Commission and Selection Boards Ordinance on July 10, 1981 
with a view to establish a Secondary Education Services Commission 
and Secondary Education Selection Boards for selection of teachers in 
institutions recognised under the Education Act. The Ordinance was 
subsequently replaced by an Act in 1982 with retrospective effect. Sec-
tion 16(1)(a) of that Services Commission Act, 1982 provides that 
notwithstanding anything to the contrary contained in the Intermediate 
Education Act, 1921 or the Regulations made thereunder, every ap-
pointment of a teacher, sepcified in the Schedule thereto shall, on or 
after July 10, 1981, be made by the management only on the recommen-
dation of the Commissio11. However, before the Services Commission 
and the Selection Boards could be constituted the State Government 
had lo make a number of Removal of Difficulties Orders pursuant to the 
,., 
powers conferred under the aforesaid Ordinance thereafter under the 
Services Commission Act. 
E 
F 
G 
The respondent in Civil Appeal No. 2072 of 198S was directed by 
H 
A 
B 
c 
D 
E 
F 
G 
2 
SUPREME COURT REPORTS 
[19861 3 S.C.R. 
the District Inspector of Schools to be appointed as an ad hoc Principal 
of an Intennediate College nuder the Removal of Difficulties Order 
issued under the Services Commission Act. The Committee of Manage-
ment of the College which intended to fill the vacancy by transfer of a 
Principal from some other Intermediate college under the Education 
Act filed a writ petition in the High Court against that order of the 
District Inspector of Schools. During the pendency of that petition, in 
an interim order the Court recognised that the respondent was working 
as an ad hoc Principal of that institution. About this time the appellant, 
a Principal of another Intermediate College, sought his release from 
that college and the Committee of Management through a resolution 
dated December 3, 1982 accepted him as Principal of their college on 
transfer. The District Inspector of Schools accorded approval to this 
transfer on February 19, 1983. The respondent thereupon filed a writ 
petition in the High Court against the appointment of the appellant by 
transfer under the Education Act. 
The High Court allowed the writ petition of the respondent on 
April 9, 1985 by a majority following the Full Bench decision in 
Raghunandan Prasad Bhatnagar v. Administrator. Gandhi Vidyalaya 
intermediate College, Khekra, (Civil Misc. Writ Petition No. 10301 of 
1983), wherein it had re-examined the correctness of the views expres-
sed by the Division Bench in Ratan Pal Singh v. Deputy Director of 
Education, (1983 U.P. Local Bodies & Educational Cases 34) and the 
Committee of Management, National Intermediate College Adali 
Jndara, District Azamgarh v. The District Inspector of Schools, 
Azamgarh, (1983 U.P. Local Bodies & Educational Cases 198), hold-
ing that it was not permissible for the Committee of Management of an 
Intermediate College to fill the post of Principal of the College by trans-
fer of a Principal from another Intermediate College after the comm-
encement of the Services Commission Act. 
The appellant appealed to this Court. Civil Appeal Nos. 4091-92 
of 1985 were filed by the District Inspector of Schools in support of the 
claim of the appellant. Civil Appeal Nos. 2628 and 2696 of 1985 and 
Special Leave Petition No. 9542 of 1985 arise out of substantially similar 
facts. 
__'; 
I 
It was contended for the appellants (1) that s. 16(1)(a) of the 
t 
Services Commission Act, which provides for the appointment of a 
Principal by the Management only on the recommendation of the 

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