RAM PRASAD RAM S/O DASHRATH RAM; RAJESHWAR RAM; RAM AWADHESH RAM; VIJAY KUMAR RAM Vs. STATE OF BIHAR; SECRETARY, SECONDARY EDUCATION; DEPUTY SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT; DIRECTOR, SECONDARY EDUCATION; DIVISIONAL ESTABLISHMENT COMMITTEE; REGIONAL DEPUTY DIRECTOR OF EDUCATION; DISTRICT EDUCATION OFFICER, ROHTAS AT SASAR

JUDGEMENT

(1.) Having heard counsel for the parties and taking into account that the cadre of Physical Training Instructor (Assistant Teacher of Physical Education) in the High Schools have a separate cadre, they would not qualify for promotion on the post of Principal/ Headmaster in High Schools, especially when 1983 Cadre Rules clearly lays down that for promotion on the post of Headmaster/ Principal one apart from being graduate must have undergone teachers training course. Admittedly the petitioners being P.T.I. had not undergone the teachers training course and their qualification, therefore, by itself would deprive them from being considered for promotion on the post of Principal/ Headmaster in the High Schools, especially when their cadre also is separate.

(2.) The submission of the learned counsel for the petitioners that since the petitioners were given selection grade pay scale, they cannot be deprived promotion on the post of Headmaster is only to be noted for its being rejected. The concept of selection grade came in view of the recommendation made by the 4th Pay Revision Committee which had envisaged that in every cadre there would be basic post as also selection grade post of Junior Selection Grade, Senior Selection Grade and Super Time Scale. Therefore, if the petitioners holding the post of P.T.I. were given selection grade post in their own cadre that would not mean that they will also qualify for the post of Headmaster/ Principal.

(3.) The further reliance placed by the learned counsel for the petitioners on a letter 24.11.1986 of the Director of Secondary Education is also wholly misplaced, inasmuch as the same by way of a clarificatory instruction has not taken note of the statutory rules namely Sewa Shart Niyamavali framed in the year 1983. In any event the Director, Secondary Education, was not competent to issue an order overrising 1983 Seva Sharta Niyamawali framed under section 15 of Bihar Non-Governmental Secondary Schools Takeover Act, 1981.