SUSHMA BANGA Vs. DELHI ADMINISTRATION

JUDGEMENT

(1.) Petitioner was appointed as a TGT on 26.7.1969 in the respondent No.5-School. She was a post-graduate in History. In 1986, she was the senior most Domestic Science teacher serving with the school. A post of TGT (History) fell vacant in the school in 1986. In terms of the Circular dated 21.4.1970 issued by the Directorate of Education to all the Managers and Principals of the schools regarding selection/promotion of principals and teachers, it was directed that all the posts in aided schools will be considered as non-selection posts and if any post in the higher grade fell vacant and a teacher having required qualification was available in the same school, senior most teacher be promoted to this higher post. For such promotion, the work of the teacher should be satisfactory as per the inspection report of the last two years and confidential record should be good and the teacher should have three years teaching experience in his grade. It was observed in the Circular that in case the teacher fulfills the above condition, he can be promoted subject to the approval of the Directorate of Education. It was further observed in the Circulate that for the appointments/promotion of teacher the presence of the Government nominee in the Selection Committee was essential. It was also directed that only when the teacher having the required qualification was not available in the school and the selection was to be made from outside that the Manager of the school was to call the names from the employment exchange.

(2.) The aforesaid circular makes it clear that in cases of promotion to the higher post, the school must first consider the senior most teacher with the required qualifications and it is only in cases when teacher with the required qualification is not available in the school that the school could call for names from the employment exchange. In the present case, the Selection Committee was constituted by the school in accordance with the Rules for considering the names of the eligible teachers. The nominee of the Directorate of Education was also called to be present in the Selection Committee and in the meeting of the Selection Committee held in the school, the nominee of the Directorate of Education was also present. Petitioner was having Post Graduate degree in History and as the post to be filled was PGT (History) her name was also considered by the Selection Committee. After considering the names of the candidates for promotion to the post of PGT, the Selection Committee recommended the petitioner's name for such post. On 2.9.1986, the Manager of the school informed the petitioner that as per recommendations of the DPC held on 2.9.1986, she was being promoted to the post of PGT (History) with immediate effect and she was asked to join duties as PGT (History) immediately. Since 2.9.1986, the petitioner is performing the duties as PGT (History).

(3.) Though in terms of Rule 98 of the Delhi School Education Rules in case the nominee of the Directorate of Education is present in the Selection Committee/DPC, the approval of the Director is not required, however, the Managing Committee of the school by way of abundant caution wrote to the Directorate of Education to grant approval to the appointment of the petitioner as PGT (History. When no reply was received from the Directorate of Education for sometime, a letter was written by the petitioner on 8.9.1987 to the Directorate of Education to grant necessary approval to the promotion of the petitioner to the post of Post-Graduate Teacher in History w.e.f. 3.9.1986. On 14.4.1988, the Directorate of Education wrote to the Manager of the school, with reference to his letter dated 1.2.1987, conveying its approval to the promotion of the petitioner to the post of PGT (History) w.e.f. 3.9.1986, the date on which she resumed duties as PGT.