(1.) Invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, the petitioner, a trained graduate teacher (social sciences) has prayed for declaring the Notification No.F.27(3)/94-Edn/1068- 1076 dated 4th November, 1999 issued by the Government of National Capital Territory of Delhi (Education Department) as ultra vires Article 14 of the Constitution of India.
(2.) The facts which are imperative to be stated are that the petitioner was appointed as Assistant Teacher in the R.M. Arya Girls Senior Secondary School in 1977 and was promoted as TGT (Social Sciences) in August, 1983. The post of PGT (Sanskrit) fell vacant in the school in November, 1992. The petitioner, who was teaching Sanskrit in Classes X to XII for certain academic sessions, was not promoted as she was not found eligible for the post of PGT (Sanskrit) by the Departmental Promotion Committee (DPC) which met on 5th May, 2007. Though various averments have been made with regard to the findings arrived at by the DPC and the deliberations made by it, yet the same do not really deserve to be dwelled upon in the present case since the acid test is whether the relevant rules 96, 98 and 108 of the Delhi School Education Rules, 1973 (for short ,,the rules) on a proper interpretation help and assist the petitioner to meet the eligibility criteria and further whether the notification plays foul with Article 14 of the Constitution of India.
(3.) It is asserted in the petition that the introduction of the amendment in the eligibility criteria which deals with promotion is not in consonance with the Rules 96 and 98 of the rules and certain pronouncements in the field. Be it noted, apart from making some bald allegations, nothing else has been averred as to how the notification really invites the frown of Article 14 of the Constitution.