PHOOL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) INSTANT petition has been filed seeking promotion on the post of Physical Education Teacher Gr. II on premises that one Tara Sain, who was appointed as Physical Education Teacher on 10. 08. 79, is junior to him and accordingly, he is also entitled for promotion to the post in question from the date she was promoted.

(2.) AFTER selections were made by District Education Officer, Sikar, petitioner was posted as Physical Education Teacher on temporary basis by District Education Office (Female) in Govt. Girls Sr. School vide order dt. 28. 12. 77 (Ann. 1 ).

(3.) I have considered rival contentions of both the parties and with their assistance perused material on record. It is undisputed that selections are made by District Education Officer Sikar and petitioner was posted in Female Institution on temporary basis vide order dt. 28. 12. 77 but admittedly his seniority was prepared and maintained by District Education Officer (Boys) as is evident from Ann. 9 Petitioner has not been able to show that any person junior to him as per his seniority has been promoted over his right of consideration for promotion. Submission claiming lis with Tarain, in my opinion, is without any substance. When both are belonging to independent educational Male/female institutions as per their seniority prepared by respective appointing authorities, no lis qua Tara Sain could have been claimed by petitioner. Even further R. 20 of Rules, clearly contemplates that in case required number of suitable female candidates are not available, male candidates may be appointed according to their order of merit in girls schools also but they would be adjusted in boys' schools as and when suitable female candidates are available. In this view of matter, no right whatsoever otherwise is conferred while seeking promotion qua Tara Sain.