INDIRA CHOUBEY Vs. COMMISSIONER, MUNICIPAL CORPORATION

JUDGEMENT

(1.) This petition has been filed by the petitioners under Article 226 of the Constitution of India against the proceedings of the Departmental Promotion Committee dtd. 7/7/2008 (Annexure P/1) and also the order dtd. 3/9/2008 (Annexure P/2) passed by the Commissioner, Municipal Corporation, Raipur whereby respondents No. 6 to 15 have been promoted contrary to the set up and sanctioned posts.

(2.) Brief facts of the case, as mentioned in the writ petition, are that the petitioners No. 1 and 2 were initially appointed on 25/11/1985 and 18/1/1989 respectively on ad hoc basis and thereafter, their services were regularized on the post of Upper Division Teacher on 21/9/1993 by the Commissioner, Municipal Corporation, Raipur vide Annexure P/3. Out of total 13 school run by the Municipal Corporation, Raipur, 07 schools are grand-in-aid school namely MR Sapre Higher Secondary School, Pandit Ramdayal Tiwari Higher Secondary School, Shahid Smarak Higher Secondary School, BP Purari Higher Secondary School, Nivedita Girls Higher Secondary School, Saraswati Girls Higher Secondary School and Naveen Saraswati Girls Higher Secondary School. As per the set up, in these 13 school there are only two faculties i.e. Arts and Science and there would be maximum 6 Lecturers, 3 of Arts and 3 of Science. There were 39 vacancies declared for promotion from the post of Upper Division Teacher (UDG) to the post of Lecture and as per set up, 50% ought to have been from Arts faculty and 50% from the Science faculty. As such, 19 UDT from Arts faculty and 20 UDT from Science faculty ought to have been promoted. Although as per the old set up there is no post for Commerce faculty, but the respondent authorities have promoted four persons from Commerce faculty out of no sanctioned post and reserved 24 posts for Arts faculty, although ought to have reserved 19 posts and promoted 20 persons whereas only 8 persons from Science faculty have been promoted, although 20 posts ought to have been reserved for Science faculty, but no teacher is available in the respondent department as scheduled caste and scheduled tribe, therefore, total 32 UDT have been promoted out of total 39 sanctioned post.

(3.) Learned counsel for the petitioners submits that the impugned recommendation of the DPC dtd. 7/7/2008 and impugned order dtd. 3/9/2008 are unreasonable, unwarranted, passed with malafide intention and therefore, liable to be quashed. As per the applicable set up of the respondent corporation, on the total sanctioned post of Lecturer, promotion ought to have been made 50% from the Arts faculty and 50% from the Science faculty but the respondent authorities have promoted 20 employees from Arts and only 8 from Science faculty and also promoted 4 employees from Commerce faculty to accommodate the UDT of their own choice in violation of the set up. If the Lecturers of Sanskrit and Economics faculty are allowed to teach Science and Maths subjects, it will ruin the future prospects of the students.