DEEPAK TAYENG Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) THE writ petitioner is aggrieved at the action of the official respondents appointing private respondent Nos. 2 to 10 as Deputy Director of School Education and refusing to extend same benefit to the petitioner. In this application under Article 226 of the Constitution of India, the petitioner has challenged the appointments of the private respondents as Deputy Director of School Education (hereinafter referred to as "DDSE") and also prayed that his case be considered for appointment to any of the vacant post of DDSE.

(2.) TO decide the tenability of the prayer made in the writ petition, it is necessary to state the short facts involved in this case: Petitioner is an M.A. He is also a B.Ed degree holder. He was appointed as Junior Teacher on 11 -10 -1991 and was promoted to the rank of Senior Teacher on 03 -08 -1993. Having worked as Senior Teacher for about 6 years, he was promoted to the post of Vice - Principal on 22 -03 -1999 and since 23 -04 -2007, he has been holding the post of Principal of Govt. Higher Secondary School on promotion. At present, the petitioner is posted at Bomdila Govt. Higher Secondary School as its Principal. The case of the petitioner is that under Section 141 of the Arunachal Pradesh Education Act, 2010, a set of rules known as Arunachal Pradesh Education Rules, 2010 (hereinafter referred to as "Statutory rules") was framed for streamlining of cadre post, recruitment, classification and departmental promotion of posts of the Education Department. Rule 55(v) of the Rules deals with provision for promotion to the post of DDSE. In terms of this rule, post of DDSE is the promotional post from amongst the Principals of Govt. Higher Secondary Schools and promotion is made on merit -cum -seniority basis from amongst the Principals of Govt. Higher Secondary Schools, who have completed minimum 5 years of regular service in the grade and possessed at least 2nd class master degree with B.Ed. According to the petitioner, he has the qualifications for being promoted to the post of DDSE. He has completed more than 5 years in the rank of Principal of Govt. Higher Secondary School whereas the private respondents are not qualified in terms of the rules. They do not have minimum educational qualification of 2nd class master degree. They are merely graduates with B.Ed degree and under such circumstances, their appointment as DDSE by various orders including order dated 10 -01 - 2013 is vitiated. With these averments, the petitioner has prayed for setting aside the promotion of the private respondents.

(3.) THE respondent No.1 has filed affidavit and thereby has brought on record another set of rules governing appointment of the DDSE/Principal, Govt. Higher Secondary School. At annexure -III of the affidavit -in -opposition, a notification dated 21 -01 -2010 has been annexed showing that under proviso to Article 309 of the Constitution, the Governor of Arunachal Pradesh made that set of rules known as Deputy Director of School Education/Principal, Higher Secondary School, Recruitment Rules, 2010. In schedule to this rule, entry -1 relates to the post of Deputy Director of School Education/Principal of Higher Secondary School. Both these posts have been shown to be of equivalent rank with scale of pay at PB Rs.15600 -39100 with Grade Pay of Rs.7600. By this rules, it is projected that post of DDSE and that of Principal of Higher Secondary school are equivalent and so there is no question of promotion to the post of DDSE from that of Principal of a Higher Secondary School. It is claimed by the official respondents that it is the prerogative of the Government to make interchanging transfers between the Principals and the DDSEs from time to time. By annexing some of the notifications like 10 -01 -2013, it has been claimed that Government has been following the aforesaid Deputy Director of School Education/Principal, Higher Secondary School, Recruitment Rules, 2010 (hereinafter referred to as 'Article 309 Rules') and consequently there was no error in appointing the private respondents as DDSE.