(1.) The unsuccessful petitioner in W.P.(C) No.3343/2012 is the appellant before us. The appellant/writ petitioner who was appointed as TGT (Science) in the second respondent School and claims to be eligible for promotion to the post of PGT (English), filed the said writ petition seeking a declaration that the consideration of the respondent No.3, who is working as TGT (English), for the post of PGT (English) is in violation of the provisions of the Delhi School Education Act and Rules 96 and 100 of the Rules made thereunder.
(2.) It may be noted that the appellant/writ petitioner had earlier filed W.P.(C) No.585/2008 to quash the recommendations of the DPC in the meeting held on 31.12.2007 whereby the DPC had recommended the promotion of the respondent No.3 to the post of PGT (English). The said writ petition was dismissed as withdrawn by order dated 09.03.2010. The said order came to be passed by this court in view of the decision taken by the Directorate of Education dated 25.02.2010 directing the management of the second respondent School to conduct review DPC as per the approval dated 15.02.2010 taking into consideration the seniority, eligibility, qualification and service conditions as existing on cut-off date as per Rules for all the members of the zone of consideration. It was also mentioned that the said decision was taken by the Directorate of Education as certain procedural lapses were committed by the DPC earlier. While placing on record the said order dated 25.02.2010, this Court directed the second respondent School to conduct review DPC within a period of 2 months. The petitioner was also granted liberty to approach this court if the petitioner feels aggrieved by the decision of the review DPC.
(3.) Since the review DPC in terms of the order dated 09.03.2010 in W.P.(C) No.585/2008 was yet to be conducted, the learned Single Judge declined to interfere and accordingly by the order under appeal dismissed W.P.(C) No.3343/2012 as premature.