RAM LAL GUPTA Vs. STATE

JUDGEMENT

(1.) Petitioner is a Master in the Education Department and an aspirant for the post of senior lecturer in "Work experience" in the District Institute of Education and Training (DIET). He seeks a direction to the respondents to consider him for appointment to the post of senior lecturer in "Work experience" and to appoint him to this post retrospectively from 24.2.1989.

(2.) Petitioner's case is that restructuring of DIETs throughout the country by the Ministry of Human Resources Development (HRD) had led to the creation of post of senior lecturers in "Work experience" in various DIETs. Since, he possessed all the requisite qualification and experience for appointment to the post, he was eligible to be considered but the respondents had not done so and out of the 5 vacancies, they filed up 3 posts from amongst the candidates lacking requisite qualification and experience by Govt. Order No. 192 of 1989 date 24.2.1989. The particulars of those candidates are given in para 6 of the writ petition. It is further urged that his case had been recommended by the Director of School Education but respondents had failed to accord consideration to his appointment to the post for which he was entitled on 24.2.1989 when 3 other vacancies were filled up by the Govt. order supra. It is further projected that the action is arbitrary and violative of Articles 14 and 16 of the Constitution.

(3.) Respondents have filed detailed objections and submitted that even though the Ministry of HRD had issued guidelines on personnel policy for DIETs, same had no binding character unless incorporated in the recruitment rules. As such no rights could flow to the petitioner under these guidelines vis-a-vis his claimed eligibility. It is pointed out that on the basis of guidelines received from the Govt. of India and keeping in regard the practical requirements of the department, Draft Recruitment Rules, both for gazetted and non-gazetted service of Teacher Education and Trainings wing, had been prepared and stand cleared by the ARI, Trainings Department and are now waiting clearance by the Public Service Commission. Till promulgation of these rules, it has been decided to make a stop-gap arrangement on the posts of senior lecturers "work experience" from amongst the senior lecturers of plus two schools and on the basis of their seniority. Since, petitioner did not fall in this category, there was no question of considering him for stop-gap arrangement and in case he was appointed to the post, it would take him three steps higher on the post of Master which he is presently holding.