APINDER KAUR Vs. DELHI ADMINISTRATION

JUDGEMENT

(1.) The facts of the case are singular. That the Petitioner holds an M.A. Degree in Economics from a recognised University. It appears that she was first employed with Respondent No.3, which is admittedly a minority school as envisaged in Article 30 of the Constitution of India, in 1975 as an Assistant Teacher. In 1981 she was promoted as TGT (Language). Since 1986 she has been teaching Economics to the XIth and XIIth Class students in Respondent No.3. In 1990 a vacancy occurred for the post of PGT (Economics). A DPC was constituted in which the nominee of the Department of Education was present. There is no challenge by the Department to the constitution or functioning of this DPC. The DPC by a unanimously decided to promote the Petitioner as PGT(Economics). The Department of Education, however, has not granted its approval to this decision of the DPC. The consequence is that the subject in which she had postgraduated, but her promotion/appointment to this post has not received bureaucratic approval.

(2.) The reason for not granting this approval has been explained by learned counsel appearing for the Department to be that the Petitioner belongs to the Cadre of TGT (Language). She can, therefore, not be considered for promotion to the Cadre of PGT (Economics), even despite her being fully qualified and experienced for the job.

(3.) The relevant enquiry to be conducted is to ascertain - whether, at the appropriate time, the Petitioner fulfilled the qualification required for being considered for the appointment as TGT(Economics). As stated hereinabove it is not in dispute that she fulfils this qualification. She'"has also been teaching Economics in the very same School (Respondent No.3.) since 1986 even though she was a TGT (Language). In this connection reliance has been placed on behalf of the Petitioner on the decision of a Division Bench of this Court in CWP 591/1990 Mithlesh Kumari Mangla Vs. Lioutenant Governor wherein it was specifically held that the extant Rules do not mention any Feeder Cadre for the purpose of promotion as PGT (Sanskrit). It was observed as below: