RAM TIRTH SHARMA Vs. ADMINISTRATOR

JUDGEMENT

(1.) The two appellants filed the writ petition CWP 2551/92. The writ petition having been dismissed, they have filed this LPA. In the writ petition, they sought issuance of an appropriate writ/order/direction for quashing the notification dated 25.2.1980 issued by respondents 1 and 2(Administrator, Union Territory of Delhi and the Director of Education, Delhi Administration) dated 1.1.92 and 29.5.92 appointing respondent 5 as Vice Principal and subsequently as Principal and the order dated 21.7.92 appointing respondent 6 as Vice Principal and for further directions to the respondents for appointing the petitioners to the post of Principal and Vice Principal respectively.

(2.) . The appellants were working with M.B.D.A.V. Sr. Secondary School, (recognised by the Delhi Administration), Yusuf Sarai, New Delhi. It was submitted by the appellants that they were seniors to respondents 5 and 6 and that they were to be promoted on the basis of the circular dated 10th May,1963 which permitted promotion on the basis of the seniority-cum-fitness. The circular was purely administrative and was in force till the new rules were issued by notification dated 25.2.1980.

(3.) . The rules could be framed by the Administrator in exercise of his powers under Section 28 of Delhi School Education Act,1973. The Rule 108 of Delhi School Education Rules,1973 was framed laying down minimum qualifications for recruitment and promotion and conditions of the service. The Rules were contained in a Notification dated 25th February,1980, providing in column 10 of the Table that promotion could be by way of selection. The said Rule also provided in column 5 that the candidates should have a master's degree and also a degree in teaching from a recognised University with 10 years experience as Vice-Principal or 5 years experience of teaching SPGT. It was however stated in column 6 of the Table that the age and qualifications of the candidates prescribed under the recruitment rules do not apply for promotional post. That would mean that post graduation and B.Ed were not necessary for promotion. But as stated above, under column 10 promotion was by way of 'selection' after 25.2.80 as opposed to the previous mode, namely seniority-cum- fitness provided in the circular of 10th May,1963.