MEENU SHOKEEN Vs. DIRECTOR OF EDUCATION AND ORS.

JUDGEMENT

(1.) The appellant is aggrieved by the judgement dated 22.12.2015 of a learned Single Judge, dismissing two writ petitions -W.P.(C) 7360/2010, and W.P.(C) 8138/2010. The Petitioner in W.P. (C) 7360/2010 was arrayed as second respondent in W.P. (C) 8138/2010 which was filed by the Salwan Boys Sr Sec School, ("the School"), the third respondent in this case. The impugned judgement dealt with the order of the Director of Education (first respondent, hereafter "DoE"), dated 08.09.2010, promoting Mr Hem Raj (the second respondent) to the post of PGT Maths in the third respondent school. The School Management Committee in its meeting on 20.02.2010 had already approved the promotion of the appellant to the post of PGT (Mathematics) with immediate effect. Both the appellant and Hem Raj are employed by the School, a government aided one recognised under the Delhi School Education Act ("the Act").

(2.) The post of Post Graduate Teacher ("PGT"), Mathematics, fell vacant in the School, after the retirement of Sh. K.K. Nakra on 31.08.2005. A meeting of the Departmental Promotion Committee ("D.P.C") meeting was held on 28 -09 -2007, to select a candidate for the said post. The DPC determined that Hem Raj was, at that time, the only candidate eligible for the above post as per the recruitment rules. It however, noted that out of the 5 year period examined (2002 -2007), his "ACRs" for the period 2003 -2004 and 2005 -2006 were "Average". The rating for the rest of the years was "Good". Hem Raj had apparently not checked the homework/classwork of students for 35 days in spite of repeated reminders. A Show Cause Notice was served on him, which he conceded to in his reply dated 07.07.2003. The authorities took a lenient view and decided to impose a penalty of censure on him, via order dated 14.03.2003. Since there were two "Average" ACR gradings, the matter was referred for opinion to the concerned branch in the DoD. Based on the opinion, the order dated 18.10.2008, was issued, rejecting the conclusions of the meeting held on 28.09.2007 and ordered the school to conduct a fresh DPC. Hemraj filed a writ petition, W.P.(C) 694/2009 before this Court aggrieved by the decision to hold a fresh DPC, for the said post. This Court in the above writ petition directed convening of a fresh meeting of DPC but also ordered, that the selection should not be finalised till the next date of hearing. An interlocutory appeal (LPA 541/2009) was unsuccesfully filed by Hem Raj against that order.

(3.) A fresh DPC was held on 29.10.2008, consisting of five members, two of which were representatives from the school and three were members/nominees of DoE. The decision of the DPC was not unanimous, decision of the members was given in two annexures; Annexure A contained the decision of two members representing the school and Annexure B by the three outside nominees. The members representing the school were of the view that the official members (i.e Education Officer, DoE nominee and Subject Expert) had commented on Hem Raj's ACR gradings and were out to favour him. The official members, on the other hand, noted that Mr Hemraj was the seniormost teacher, and that his ACR ratings were not reflective of the work done him; they recommended him for promotion as PGT (Maths). The Managing Committee, which considered the matter, felt that in view of the two 'Average' ACR gradings, Hem Raj did not deserve to be promoted; it noted that the appellant always had been graded 'Very Good' in her ACRs; the Managing Committee decided to approve her promotion with immediate effect. These were noted by the Court in its hearing in W.P. (C) 694/2009. While disposing of the petition on 17.3.2010, this Court directed that the recommendation of the fresh DPC along with the decision, if any taken by the Management Committee be placed by the school before the Director of Education within two days. The DoE was asked to decide the matter finally within 15 days from the date of submission of papers by the respondent school and no provisional appointment was to be made by the school to the post of PGT(Maths). The relevant portion of the order is produced below -