TEJA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners, who are Headmasters posted at various places in the State of Punjab, seek directions to be issued to the respondents to promote them to the posts of Principals with effect from the date their juniors, holding the posts of Headmasters, were promoted. The case of the petitioners, as briefly stated, is that they were promoted as Headmasters in the years 1974 and 1975 and have regular services as Headmasters for more than 15 years to their credit. A seniority-list of Headmasters was circulated in the year 1984 and their names appear at Sr. No. 436 and others as fully detailed in paragraph 3 of the writ petition. The next promotion from the post of Headmaster is to the post of Principal and the same is governed by the Punjab Education Service (School and Inspection) (Class II) Rules, 1976. According to the provisions of the Rules aforesaid, a vacancy of the Principal has to be filled up strictly on seniority-cum-merit basis. The method of promotion to the aforesaid post is provided in Rule 10. Whereas 75% of the posts have to be filled up by promotion from amongst the persons already serving in Punjab Education Service Class III (School and Inspection) Cadre, 25% are to be filled up by direct recruitment. The qualifications for the post of the Principal are the one, which has been mentioned in Appendix 'B' of Rule 9, i.e. minimum M.A., M.Sc., M.Com and BT/B.Ed or equivalent. A Headmaster has also to have to his credit experience of ten years, although when the rules were framed, the length of experience was eight years. Case of the petitioners is that all of them adequately answer both experience and qualification for promotion to the post of Principal. It is also pleaded that all the petitioners have good service record to their credit and, thus, on the basis of principle of seniority-cum-merit, as enunciated in the Rules, they were entitled to be considered and actually promoted to the post of Principal. The respondents, however, in violation of Art. 14 of the Constitution of India by simply pick and choose method appointed persons, who were junior to the petitioners. The petitioners, thus, agitated the matter before this Court earlier by way of C.W.P. Nos. 12246 of 1991 and 13550 of 1991. Directions were issued by this Court in the aforesaid writ petitions that on the representation to be made by the petitioners, their case for promotion to the post of Principal shall be considered. It is contended that even such were the directions issued by this Court, as the respondents had already determined to ignore them, they were not favourable considered. This action on the part of the respondents, thus, constrained the petitioners to agitate the matter once again and that is why the present writ petition has been filed. It is further pleaded that as many as 27 Headmasters from the cadre of 'Men', who were junior to the petitioners have been promoted, whereas the petitioners have been ignored. Copy of the order promoting 27 Headmasters as Principals has been annexed to the petition as Annexure P-4.

(2.) This petition has been contested and in the written statement filed on behalf of respondent No. 1 through R.N. Goyal, Administrative Officer, Office of the Director of Public Instructions Punjab, Chandigarh, it has been pleaded that the petitioners, who belong to reserve category have no case whatsoever as the category represented by them in its quota has since already been exhausted by promoting 14% persons to the post of Principal. It is further pleaded that Headmasters of the reserve category are promoted in P.E.S. II upto 14% of their cadre strength and the Headmasters of this category have already exhausted their reserve quota of P.E.S. II upto 14% of their strength, they are not entitled to the promotion to the post of Principal. In so far as contention of the petitioners that persons junior to them in general category have been promoted is concerned, the same has nowhere been denied.

(3.) Mr. J.C. Verma, learned Senior Advocate, appearing for the petitioners vehemently contends that the fact that 14% posts meant to be occupied by the reserve category of Scheduled Castes have been exhausted, would not mean that the persons of the said category, who were otherwise senior to the persons representing general category, would be ignored for promotion to the post of Principal and the method adopted by the respondents, thus, ignoring the petitioners, is wholly illegal being violative of Art. 14 of the Constitution of India. For his aforesaid stand, the learned counsel relies upon Jaswant Singh, PES Vs. The Secretary to Government Punjab, Education Department, Chandigarh, 1989(2) Recent Services Judgments 425 , Parkash Singh and others Vs. State of Punjab, C.W.P. No. 12715 of 1991, decided on 21.7.1992 and an order of Division Bench of this Court in C.W.P. No. 6759-A of 1992, decided on 30.11.1992. Learned counsel appearing for the State has not been able to controvert the plea raised by Mr. Verma.