BASUDEV VERMA Vs. SECRETARY, UNION OF INDIA

JUDGEMENT

(1.) AS can be delineated from the Original Application, in terms of Navodaya Vidyalaya Samiti Recruitment (Revised) Rules, 2007, the method of appointment to the post of Principal is 50% by promotion and 50% by direct recruitment, failing which on deputation. All Vice -Principals of JNV, in order of their seniority in the grade, with a combined regular service of ten years in the grade of Post Graduate Teacher, are eligible to be promoted as Principal subject to passing a Departmental examination to be followed by a personal talk. The applicant in the present Original Application participated in the departmental examination held for promotion to the post of Principal on 10.2.2008 and qualified the same. He was called for personal talk on 23.2.2008 alongwith others. In the departmental examination held on 10.2.2008, 142 Vice Principals, including the applicant were declared qualified. The applicant was placed at serial No. 57. Out of 142 persons, 15 Vice Principals got promotion as Principal between 23.2.2008 and 22.5.2011. In special recruitment drive -2009 -2010 for SC/ST candidates, applications were invited from eligible persons for filling up 15 posts in reserve category (SC -02, ST -13) in the pay band of Rs. 15600 -39100 with grade pay of Rs. 7600/ - in Jawahar Navodaya Vidyalayas which are co -educational residential schools located in almost all districts in the country from among candidates possessing the qualifications and experience mentioned in the Circular (Annexure A -5). At the same time, a departmental test for Vice Principals for promotion to the post of Principal under special recruitment drive 2009 -10 for SC/ST was scheduled to be held as per schedule mentioned below: -

(2.) DURING the course of arguments, Counsel for applicant submitted that once the applicant had qualified the departmental examination on 10.02.2008, he could not have been subjected to examination dated 22.05.2011 before his promotion as Principal. According to him, the candidates who had passed the departmental examination for the year 2004, were invited to personal talk in 2008 while the candidates who had passed departmental examination on 10.2.2008 were promoted between 23.2.2008 to 22.5.2011. Thus in the special recruitment drive for SC/ST, respondents ought to have promoted the applicant on the basis of result of departmental examination held in 2008 alone. Relying upon the judgments of Hon'ble Supreme Court in Provash Chandra and Another v. Biswanath Banerjee and Another, : (1989) Supp. 1 SCC 487),, (1992) (1) SCC 5), Rupa Rani Rakshit and Ors. v. Jharkhand Gramin Bank and Ors., : 2009 (6) SLR 646) and (2009) SCC 445), he submitted: -

(3.) WE have heard learned Counsel for the parties and perused the record. In view of the pleadings and material put forth by parties on record, the following proposition arises to be determined by us: