BALWANT KAUR Vs. DIRECTOR OF EDUCATION

JUDGEMENT

(1.) BY this writ petition filed under Article 226 of the Constitution of India, the petitioner, who is a Post Graduate Teacher (PGT) with the respondent no.2/school, seeks quashing of the recommendation dated 14.10.2014 made by the Departmental Promotion Committee (DPC) appointing the respondent no.3 as the principal of the respondent no.2/school. The petitioner claims that the respondent no.3 has been wrongly appointed and the petitioner ought to have been appointed but has wrongly not been appointed by considering the bench mark for appointment as 'good' instead of 'very good'.

(2.) THE issue in the present case is very limited as to whether the bench mark for appointment to the post of the principal, which is a selection -cum - merit post, is 'good' or 'very good'. The representation of the petitioner for being appointed to the post of the principal that the bench mark should have been 'very good' and not 'good' was considered by the respondent no.2/school in the meetings of the Management Committee dated 01.11.2014 and the same was rejected. These minutes read as under: -

(3.) IT is not an issue that there is a circular/Office Memorandum (OM) dated 08.2.2002 which prescribes the pay scale of the principal and which also states that what is the bench mark for being appointed as the principal. As per the OM dated 08.2.2002, the pay scale of the principal is Rs.10,000 -15,200/ -. With respect to the appointment in the pay scale of Rs.10,000 -15,200/ -, the bench mark is 'good' and only for the higher pay scale of Rs.12,000 -16,500/ -, the bench mark becomes 'very good'. The relevant portion of this OM dated 08.2.2002 reads as under: -