MANOHAR LAL SONI Vs. STATE OF M.P.

JUDGEMENT

(1.) IN these writ petitions the petitioners who are Head Masters have assailed the validity of the notifications dated 21.3.2007 as well as 22.8.2013 by which the M.P. Education Service (School 1 Branch) Recruitment and Promotion Rules, 1982 (hereinafter referred to as 'the 1982 Rules' ) have been amended. In order to appreciate the petitioners' challenge to the impugned amendment, few facts need mention, which are stated infra.

(2.) UNDER the 1982 Rules Upper Division Teacher was the feeder post for promotion to the post of Head Master, Middle School as well as Lecturer, Higher Secondary School. The further channel of promotion prescribed in 1982 Rules for the post of Head Master Middle School/Lecturer, Higher Secondary School was the post of Principal, Higher Secondary School, which carried the pay scale of Rs.8,000 -13,500/ -. The posts of Principals, Higher Secondary Schools were to be filled up to the extent of 75% by promotion and remaining 25% by direct recruitment. The aforesaid 75% posts, which were to be filled up by promotion, were to be filled up from amongst Head Masters and Lecturers in the ratio of 40% & 60% respectively. It is note worthy that under the 1982 Rules, in the set up of posts, the post of Head Master Middle School was not provided which was an ex cadre post, on which senior most Upper Division Teacher was nominated to work as Head Master with some financial benefits. The 1982 Rules were amended by notification of 2nd December, 1991 by which Rule 11(a) was inserted in the Rules which provided for direct recruitment on the post of Lecturer of Higher Secondary School which was to be made 2 by the Commissioner, Public Instructions in consultation with the government from time to time. Thereafter, by notification dated 21.3.2007 the 1982 Rules were further amended and a new post of Block Education Officer was created. The channel of promotion as was initially in the 1982 Rules and after amendment in the year 2007 in the 1982 Rules is reproduced for the facility of reference: -

(3.) ON the other hand, Mr. Samdarshi Tiwari, learned Government Advocate at the outset submitted that at the instance of the petitioner challenge to the validity of the notification dated 21.3.2007 by which the 1982 Rules were amended, need not be examined as the same has been rendered academic. Learned Government Advocate has pointed out that the petitioners were appointed as Upper Division Teachers in the years 1986 and 1987. The meeting of the Departmental Promotion Committee was convened on 29.3.2005 in which cases for promotion of the Upper Division Teachers appointed on 24.12.1968 were considered to the post of Principal, Higher Secondary School. Thereafter for a period from 2005 till 2007 no meeting of the Departmental Promotion Committee was held. It is also pointed out that meeting of the Departmental Promotion Committee was held on 13.8.2009 in which again the cases of Upper Division Teachers appointed in the year 1968 were considered. Therefore, the petitioners even after amendment in the Rules in the year 2007 were not even in the zone of consideration. In support of his submissions, learned Government Advocate has produced the order dated 9.5.2005 passed by the School Education Department, Government of M.P.