KALI RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) I propose to decide this set of four writs by common order as identical questions of law and fact arise in all the writs. The facts have, however, been extracted from Civil Writ Petition No. 3405 of 1985. In the petitions, that have been filed later, there are some additional facts which need notice and, therefore, whenever need might arise, reference shall be made to the said facts having been extracted from the later petitions.

(2.) Petitioners herein, who are Shastri with O.T. qualifications and quite a few of them have done M.A. whereas petitioner No. 1 has also done Ph.D., seek writ in the nature of the mandamus directing the respondents to treat them at par with their colleagues of Master grade and not to discriminate them in any manner including appointments/promotion to higher posts in the education department. They stake their claim for promotion to the posts of Lecturer, Head Master and Block Education Officer.

(3.) The facts, on which the relief indicated above is sought to rest, reveal that all the petitioners possess academic qualifications of Shastri and O.T. which is said to be now recognised by the State of Haryana and Director of Public Instructions, respondent 1 and 2 herein, as equivalent to BA/B.Sc., B.T./B.Ed. In addition, petitioners 1 to 25 has passed M.A. examination in Sanskrit in first or second division, petitioners 1 to 8 have also passed second examination of M.A. (Hindi) in Second division, petitioner No. 2 is M. Phil and petitioner No. 1 is Ph.D. also in Sanskrit. Petitioners 4, 6, 9, 12, 16, 17, 22 and 23 have also passed B.A. examination in full subjects. At the time petition came to be filed way back in 1985, they were employed as Sanskrit teachers in various High/Higher Secondary Schools in Haryana under the Control and management of respondents 1 and 2. There have always been two cadre of the entire teaching staff in schools in the State of Punjab and when Haryana was formed in 1966 as a separate State, the same pattern of cadres was adopted. First cadre consists of posts, minimum qualification for which is B.A./B.Sc. plus B.T./B.Ed. and is commonly called 'the Masters' Cadre'. The second cadre consists of all other teaching posts in the school. It is stated that these posts have nothing in common to justify their being lumped together in any single cadre. For instance, these posts vary as regards their respective emoluments, duties, responsibilities, requisite minimum academic qualifications and skills. All new types of posts for which minimum qualifications was not B.A./B.Sc., B.T./B.Ed, had been consigned to this cadre. Neither the posts nor their incumbents are inter-changeable or inter -transferable. This cadre is called the Classical and Vernacular Teachers Cadre (for short C & V cadre). It does not only contain the post of Sanskrit teachers, as the petitioners are Hindi teachers and Punjabi teachers who teach classicial and vernacular languages but also such posts as Drawing teachers, Arts and Craft teachers, Manual Training Instructors, Spinning and Weaving teachers, Tailoring mistresses and Physical Training Instructor Masters' cadre was thought by the Government to be superior to C & V cadre. It always carried a higher status and pay scale except in the case of Shastri and O.T. but at the time when petition was filed they drew the same pay scale in the Masters Cadre. It is the case of the petitioners that once a person joins that Classical and Vernacular cadre, as a rule, he is debarred for life from getting out of it or from getting admission to the Masters cadre even after he acquires the qualifications of B.A./B.Sc., B.T./B.Ed. or still higher qualifications such as M.A., B.Ed., M. Phil or Ph.D. It is further the case of petitioners that by a series of steps taken by the respondents, all avenues of promotion of the members of C & V cadre have been closed. The possible avenues for promotion for teachers of this cadre are the posts of Head Masters of High Schools, Lecturers in Schools, Block Education Officer and Principal of the Higher Secondary Schools. Some steps indicating as if the petitioners have been excluded for promotion to the posts mentioned above have been enumerated in para 6 of the petition. It is pleaded that as a result of these steps, there is complete stagnation in the service career of members of C & V cadre. It is this denial of appointment by promotion and direct recruitment to the higher posts and giving higher status to the persons of Masters cadre that has been complained of in the present petition. That the petitioners are entitled to promotional posts from the facts as enumerated above, is sought to be buttressed by pleadings, which are in tune with the contentions raised at the time of arguments, that when Shastri examinations can be taken by a person, who has passed M.A. examination in Sanskrit, there shall be absolutely no justification for putting any hurdles in the way of such person to the promotional post of Lecturer in Sanskrit. That for admission into Shastri a person has to have passed M.A. examination is sought to be supported from Annexure P-3, an extract from the syllabi and the Regulations for Oriental Titles Examination, 1979 issued by the Panjab University. Clause 1.7 in Annexure P-3 states that the Shastri examination shall be held in two parts, Part I at the end of the first year and part II at the end of the second year. Clause 2.1 in the same document says that a person who has passed one of the following examinations shall be eligible to join the Shastri Part-I class:-