PARBHU SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners have sought a mandate to the respondents to implement the policy decision dated Dec. 16, 1980, forthwith in this petition under Articles 226/227 of the Constitution of India. Facts first:-

(2.) The petitioners are the members of the Scheduled Castes reserve category. They were appointed as J.B.T. teachers against the reserved posts made for Scheduled Castes. They have rendered regular service for more than 8 years. Respondent No. 1 took a policy decision dated 16, 1980. It was laid down therein that 20% class III and IV posts shall be reserved for Scheduled Castes in the matter of promotion. It was also laid down therein that 20% promotional posts shall be filled from amongst the Scheduled Castes candidates on the basis of seniority-cum-merit. In accordance with the policy decision, respondent No. 3 promoted 364 J.B.T. Teachers on the posts of Head Teachers on the principle of seniority-cum-merit by an order dated Nov. 15, 1980. Out of these 364 promotional posts of Head Teachers, 73 posts should have been filled in from Scheduled Castes candidates. However, respondent No. 3 only promoted 38 Scheduled Castes teachers and the remaining 25 posts of their quota have been filled by promoting members of the general category. Approximately 100 teachers belonging to Scheduled Caste category are working on regular basis as J.B.T. Teachers and respondent No. 3 did not consider their case for promotion against 25 posts of reserve category of Head Teachers. The action of respondent No. 3 for not promoting the eligible persons againstthe reserve category is the principal attack in this writ petition.

(3.) Respondent Nos. 2 and 3 filed a joint written statement. They admitted that only 325 posts of Head Teachers were filled in by promotion and 37 Scheduled Castes candidates were promoted as per reservation policy. Out of 107 State cadre men category, 22 men teachers of Scheduled Castes were promoted according to the norm. Out of 92 women teachers of State cadre women category, 7 of Scheduled Castes women teachers were eligible for promotion and were promoted. According to the norm, 18 women teachers of Scheduled Castes were to be promoted but no Scheduled Caste women teachers were eligible for promotion in the State cadre women. So, eleven remaining posts of Scheduled Castes women State cadre were filled in by Promoting 11 women teachers of general category. Out of 104 men teachers of Provincialised cadre, 21 teachers belonging to Scheduled Castes were to be promoted but there were only 8 men teachers available from the said category and the remaining 13 teachers of Scheduled Castes were transferred to general category of men Provincialised cadre in accordance with the instructions contained in the Director Secondary, Education, Haryana, Chandigarh, letter No. 7/15-87-EIII(2) dated July 14, 1988. Out of 22 women teachers of Provincialised cadre, four Scheduled Castes women teachers were to be promoted according to the Government norms but no Scheduled Castes women teachers in the Provincialised cadre were available for promotion. Hence these four posts were also filled in by promoting four women teachers of general category of Provincialised cadre in accordance with the instructions contained in the Director Secretary Education, Haryana, Chandigarh, letter No. 7/15-87-EIII(2) dated July 14, 1988. They, however, admitted that the shortfall in the promotion quota of reservation shall be recouped in due course. The Scheduled Castes men teachers were promoted as Head Teachers upto seniority No. 787 (State Cadre). All the men and women teachers of Provincialised cadres have already been promoted. From amongst the petitioners, petitioner No. 1 is having seniority No. 766 and has been brought on the merit list for promotion and proposal for his promotion is already under consideration. Petitioner at serial No. 19 has already been promoted by the District Education Officer, Karnal, vide order dated Nov. 15, 1988, at serial No. 238 of the promotion order. All other petitioners will be promoted against reserve quota according to the seniority list. The J.B.T. teachers were promoted as Head Teachers in Nov., 1988, as under:- <FRM>JUDGEMENT_166_LAWS(P&H)3_1991(1).html</FRM> From the table, it is clear that the Scheduled Castes teachers were given their full share of promotion quota in the State male category and while in the State female and Provincialised male and female, the Scheduled Castes teachers were not eligible for promotion at that time and the posts meant for them were utilised for J.B.T. teachers belonging to the general category. The J.B.T. teachers belonging to the Scheduled Castes category working on regular basis did not fulfil the condition of minimum service required for promotion as Head Teachers and thus could not be promoted.