Relying upon a Memorandum dated December 6, 1972 issue~ by the Government of Madhya Pradesh in its Department of Education, the appellant contended that even assuming that she co_uld not be appointed as a Principal for the alled reason that she did not hold a post-graduate degree, she could obtain that degree any time within 3 years from the date of her absorption and therefore the ordc ·1assed by the State Government, before the expiry of that period, appuinting her on a lower post is illegal. There is no substance in this argument because the Memorandum of December 6, 1972 applies, in terms, only to the staff of the Higher Secondary Schools run by Janpad Sabhas and Municipalities and not t the staff of schools run by private Societies like the school of which the appellant, on the date of absorption, was the Head Mistress. Paragraph 4 (b) of the aforesaid Memorandum undoubtedly affords the facility that where the qualification for a post is post-graduation, the post-graduate, degree may be obtained within 3 years from the date of absorption. But in view of the express statement in the Memorandum that it will be "applicable only to previous teachers of Janpad Sabhas and municipalities", the appellant cannot claim the benefit of the particular facility. Any lurking doubt in this behalf stands resolved by the further statement in the Memorandum that except in regard to schools run by Janpad Sabhas and Municipalities, the Rules dated December 21, 1967 will continue to apply to nonGovernment schools without the amendments introduced by the Memorandum.
