YOGENDRANATH PANDEY Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The batch of writ petitions is being disposed of by this common order as issue involved in all these writ petitions is similar. The petitioners were initially appointed as Assistant Teachers and subsequently, they were promoted on the posts of Upper Division Teachers (for brevity 'UDT').

(2.) The petitioners have challenged the constitutional validity of condition of conducting departmental examination as per Schedule-II, Serial No. 3 of the Chhattisgarh School Education Gazetted Service (School Level Service) Recruitment and Promotion Rules, 2008 (hereinafter referred to as the 'Rules, 2008') on the ground that the same is illegal, arbitrary and ultra vires. The petitioners have also prayed for quashing of the advertisements issued by the District Education Officers for filling vacant posts of Headmaster, Middle School in their respective districts by conducting departmental limit examination in accordance with the Rules, 2008.

(3.) Writ Petition (S) No. 4686/2010 has been jointly filed by the UDT and Headmaster Primary School. In this petition, the petitioners, apart from challenging the eligibility criteria prescribed for promotion on the post of Headmaster, Middle School under the Rules, 2008, have also challenged the eligibility criteria prescribed under Schedule-II and IV for appointment and promotion on the post of Lecturer and Principal, High and Higher Secondary Schools and further prayed for direction to consider the cases of the petitioners for promotion on the post of Headmaster, Middle School on the basis of their qualification and experience.