Neutral Citation No. - 2025:AHC:143265 Court No. - 32 Case :- WRIT - A No. - 11969 of 2025 Petitioner :- Smt Anju Sonkar Respondent :- The State Of U.P. And 3 Others Counsel for Petitioner :- Shivendu Ojha,Sneh Pandey,Sr. Advocate Counsel for Respondent :- C.S.C.,Durgesh Kumar Shukla,Preet Pal Singh Rathore Hon'ble Chandra Dhari Singh,J. 1. Heard Sri R.K.Ojha, learned Senior Counsel assisted by Sri Shivendu Ojha, learned counsel for the petitioner and learned counsel for the respondents. 2. After some length of the argument on merits of the case, Sri Ojha, learned Senior Counsel appearing for the petitioner submitted that as per the Appendix-A, Chapter 2 of U.P. Intermediate Education Act, if the teachers are teaching to the higher classes for more than 10 years, he/she shall be exempted from the B.Ed. which is necessary qualification for consideration on the post of Principal and such provision has been ignored by the District Inspector of Schools II, Varanasi while passing the impugned order. It is submitted that the petitioner may be permitted to represent her case to the DIOS along with provision as stated above and the DIOS after receiving the said representation may also pass an appropriate order taking into consideration of the aforesaid provision expeditiously in time bound manner. 3. Learned counsel appearing on behalf of the respondents vehemently opposed the writ petition but not objected the prayer as made by learned Senior Counsel appearing for the petitioner to decide a fresh representation by taking into consideration of the provision as mentioned above by the DIOS. Since no objection has been made on merits of the case at this stage I am inclined to allow the prayer as made by learned Senior Counsel for the petitioner. 4. I have perused the said provision which is reproduced hereinunder : “------------------------------------------------------------------------------------------------------------- S.No. Name of the post & Educa-tional Training Experience Age Desirable qualification -------------------------------------------------------------------------------------------------------------- 1. 2 3 4 -------------------------------------------------------------------------------------------------------------- 1. Head of the institution (1)Trained Minimum 30 years M.A. or M.Sc. or M.Com. or M.Sc. (Agri) or any quivalent post-graduate or any other de-gree which is awarded by corporate body specified in above- mentioned para one and should have at least teaching experience of four years in classes 9 to 12 in any training institute or in any institution or University specified in abovementioned para one or in any degree college affiliated to such University or institution, recognised by Board or any institution affiliated from Boards of other States ог such other institutions whose examinations recognised by the Board, or should the condition is also that he/she should not be below 30 yea'rs of age. or 2) First or second class post- graduate degree along with teaching experience of ten years in Intermediate classes of any recognised institutions or third class post-graduate degree with teaching experience of fifteen years, or (3) Trained post-graduate diploma- holder in science. The condition is that he has passed this di-ploma course in first or second class And have efficiently worked for 15 or 20 years respectively after passing such diploma course. -------------------------------------------------------------------------------------------------------------- Notes (1) Assistant teachers having at least second class post-graduate degree and specialised teaching experience of ten years in Intermediate classes of a recognised institution may be ex-empted from training qualifications, (as per the provisions con-tained in the Act.) (2) Teaching experience includes teaching prior to or after teaching or both. (3) Higher classes means classes from 9 to 12 and experience of teaching these classes is admissible for the post of Head Master of Intermediate college.” 5. I have also perused the impugned order passed by the DIOS. It is admitted fact that the DIOS while passing the impugned order has not taken into consideration of the Appendix as stated above. 6. In view of the above facts and circumstances of the case, the prayer made by learned Senior Counsel is allowed. 7. Learned counsel for the petitioner is directed to file a detailed representation before the District Inspector of Schools II, Varanasi within seven days and thereafter the District Inspector of Schools II, Varanasi is directed to pass a fresh order, without influence from the impugned order dated 18.6.2025 taking into consideration of the provision as stated above, in accordance with law after hearing all affected parties, provided there is no legal impediment. 8. With the aforesaid observation/direction, the writ petition is disposed of. Order Date :- 20.8.2025 Pratima (Chandra Dhari Singh,J.) Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad