DWARAKA PRASAD BHARDWAJ Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioner is Assistant Master in Government Junior Training College, Agra. He has challenged the validity of the order of the State Government dated 3rd December, 1947, which makes 40% reservation in favour of the Sub-Deputy Inspectors of Schools for promotion to the post of Headmasters. He has claimed relief for the issue of a mandamus directing the State Government and the Director of Education not to give effect to the order dated 3rd December, 1947, and not to promote any Sub-Deputy Inspector of Schools to the post of Headmaster.

(2.) IN the State of Uttar Pradesh, Educational Service consists of the following gazetted and non-gazetted cadres of service : 1. provincial Educational Service Class I. 2. provincial Educational Service Class II. 3. Subordinate Educational Service (Gazetted ). 4. Special Subordinate Educational Service (Non-Gazetted ). 5. Subordinate Educational Service (Non-Gazetted ). The above cadres include teachers as well as officers appointed for the supervision and inspection of educational institutions. Subordinate Educational Service (non-Gazetted) is the lowest cadre of service which consists of both teaching and inspecting side. On the teaching side it consists of Assistant Masters of high schools, normal schools and intermediate colleges run and maintained by the Government. On the inspecting side it consists of Sub-Deputy Inspectors of Primary Schools. The special Subordinate Educational Service (Non-Gazetted) consists of only lecturers of intermediate classes of the Government educational institutions. The subordinate educational service (Gazetted) consists of the posts of Headmasters of high schools and normal schools in the teaching side and Deputy Inspector of Schools and Additional Deputy Inspectors of Schools and other ex-cadre posts in the inspecting side. The Provincial Educational Service (Gazetted) Class II consists of Principals and District Inspectors of Schools, while the Provincial Educational Service Class I consists of Deputy Directors, Directors and Principals of Government degree college.

(3.) BY the Government order dated December, 3, 1947, the Governor laid down the ratio in accordance to which promotion is made from the Subordinate Educational Service (Non-Gazetted) and Special Subordinate Educational Service (Non-Gazetted) to the higher cadre of Subordinate Educational Service (Gazetted ). By means of this order, the Government directed that 25% of the vacancies in the post of the Headmasters of Government High Schools, belonging to Subordinate Educational Service (Gazetted) shall be filled by direct recruitment and the remaining 75% of the vacancies shall be filled by promotion from amongst the Assistant Masters of the ordinary and Special Subordinate Education Service in the proportion of 2 : 1. The order further laid down that the vacancies among the Headmasters of Government Normal Schools shall be filled by promotion as well as by direct recruitment, 10% of the vacancies shall be filled by direct recruits and the remaining vacancies shall be filled by promotion from amongst Assistant Masters of ordinary and special Subordinate Educational Service possessing Training Qualifications (40 per cent) and Sub-Deputy Inspectors of Schools (40 per cent) and Lecturers of Training Colleges (10 per cent ). Thus the order earmarks 40% of the vacancies in the posts of Headmasters of the Normal Schools for promotion of Sub-Deputy Inspectors of Schools. As already noted the post of Headmaster of Normal School is borne on the cadre of Subordinate Educational Service (Gazetted) promotion to which according to the Government order is made from amongst the employees working in teaching and inspecting side.