LALITA RAJPUT Vs. DIRECTOR OF EDUCTION

JUDGEMENT

(1.) -The petitioner, in these proceedings under Article 226 of the Constitution of India, seeks appropriate directions to the respon- dents to consider her candidature to, and promote her as Officiating Principal in the respondent school.

(2.) The third respondent is an aided school, (hereafter "the school") established and administered by the Christian minority community. The petitioner a post graduate in Sanskrit, was appointed in the school, initially as a part-time post-graduate teacher, in 1970; she was later confirmed as a regular PGT (Sanskrit) with effect from 15.7.1972. It is averred that the petitioner performed her duties diligently, and ensured excellent academic results. The incumbent Principal, Ms. S. Nath, retired from services on 31st March, 1997. The seniormost PGT Ms. Kumar was promoted to that post. The petitioner was immediately below in seniority to Ms. Kumar; she was also officiating as Principal during her absence.

(3.) Ms. Kumar was scheduled to retire from the services as Principal on 31st August, 1999. It is alleged that in anticipation of the event there was some discussion that the fifth respondent would succeed Ms. Kumar, on her retirement; the fifth respondent is alleged to be far too junior to the petitioner. It is alleged that she is being considered for the post of officiating Principal on the ground of her being a Christian. The petitioner represented to the Managing Committee, on 9th and 25th August, 1999, drawing to its notice that the existing guidelines, of 1970 permitted the appointment of only the seniormost PGT as Principal. Reliance has also been placed on a letter/circular of the Directorate of Education dated 29.5.1996 which reiterated the position that officiating charge to the post of Principal should be given to the seniormost teacher.