Mandatory test qualification for Head Teacher appointment cannot be waived for teachers above 50 years; three-year proviso only allows later acquisition.

Rule 18(1) requires a Head Teacher to satisfy both teaching experience and the prescribed departmental tests, and the test qualification is mandatory even for teachers above 50 years of age. The proviso does not authorise promotion or appointment of an unqualified teacher; it only grants teachers already in service up to three years to acquire the qualification and then seek promotion. Any earlier exemption inconsistent with the Rule cannot override this requirement, and junior qualified teachers may be reverted if necessary to give effect to the qualification rule.

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Issues: Whether the test qualification prescribed for appointment as Head Teacher under Rule 18(1) is mandatory even for teachers above 50 years of age, and whether the proviso permits promotion of unqualified teachers within the three-year period for acquiring the qualification.

Analysis: Rule 18(1) requires a Head Teacher to have twelve years' teaching experience and the prescribed departmental tests. The proviso gives teachers in service time up to three years to pass the tests, but that concession is only for acquiring the qualification and cannot be read as authorising appointment or promotion of a person who is otherwise unqualified. The exemption earlier granted to teachers above 50 years was inconsistent with the Rule once the tests were specified. The proviso must be given effect, but only by permitting unqualified teachers to acquire the qualification within three years and claim promotion thereafter, with junior qualified teachers liable to be reverted if necessary.

Conclusion: The prescribed test qualification is mandatory, and teachers above 50 years cannot claim exemption from it. The proviso does not permit promotion of unqualified teachers, but only grants a three-year period to acquire the qualification.

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