2000 INSC 0741
                                        SUPREME COURT OF INDIA

                                                      S.K. Rathi

                                                           Vs.

                                                 Prem Hari Sharma

                                     (B.N. Kirpal and Doraiswamy Raju JJ.)

                                                      12.05.2000

                                                       ORDER

1. Special leave granted.

2. The short question involved in the present case is whether respondent No. 1 is entitled to continue
as an acting Principal of the College till 30th June, 2000 as has been ordered by the High Court.

3. It is not in dispute that respondent No. 1, who was a teacher, had been appointed as an acting
Principal. He attained the age of 60 years sometime in December, 1999. With an effort to continue
in office, he filed a writ petition (CM. Writ Petition No. 54640 of 1999) and in the impugned order
dated 5th January, 2000, the Division Bench of the High Court observed that in view of the decision
of another Division Bench in Udai Narain Pandey's case, respondent No. 1 could continue to
function as Principal of the Institution till 30th June 2000. Hence this appeal.

4. On a query raised by us, learned Counsel for the respondent drew our attention to a decision of
the Government contained in document dated 16th February, 1999, in which it was, inter alia, stated
that for teachers like respondent No. 1 the age of superannuation was 60 years. The said decision
further states that no extension in service shall be granted but "if the date of superannuation of a
teacher does not fall on June 30, the teacher shall continue in service till the end of the academic
session i.e. June 30, following". This is the clause on which reliance is placed by the learned
Counsel in support of the decision of the High Court.

5. There is no doubt that the said decision would enable respondent No. 1 to continue as a teacher,
which is his substantive appointment, up to 30th June, following the day when he attained the age of
60 years, but this clause can not allow him to continue as an acting Principal which is a different
post altogether. It cannot be disputed that the post of Principal and of the teacher is not the same. It
is a teacher on promotion who is appointed as a Principal and there is no decision of the
Government giving extension beyond the age of 60 years to a Principal. This being so, the appeal is
allowed and the decision of the High Court permitting respondent No. 1 to function as Principal of
the Institution till 30th June, 2000 is set aside.

6. However, we make it clear that the observations made in this order will not prejudice the
petitioner's case in the disposal of the writ petition.