promotiom from sanskrit teacher(Quota matter) - court decision

ORDER
No. 4/6-2013 HRG-II (1) Dated: Panchkula, the 23.7.2013
Shri Surender Kumar etc. had filed the civil writ petition No.15655
of 2012 titled as Surender Kumar and others Versus State of Haryana and
others in the Hon'ble Punjab and Haryana High Court which was
disposed of vide order dated 16.8.2012 with the following directions :-
"Without going into the merits of the case or commenting thereon,
the present writ petition is disposed of with direction to the Director,
Secondary Education Department , Haryana-respondent No. 2 to consider
and decide the legal notice dated 27.2..2012 (Annexure P-12) within a
period of two months from the date of receipt of certified copy of this
order. The decision, so taken thereon, be conveyed to the petitioners
forthwith."
That in compliance of the aforesaid directions of the Hon'ble Court,
legal notice of the petitioner, annexure P-12, has been considered and it
was found that prior to amendment of the Rules, the post of Headmaster,
High School was being governed by the statutory rules called the Haryana
State Education (School and Inspection Cadre) (Group B) Service Rules,
1998. As per rule 9 (d) (ii) of the said rules, 7% posts of Headmaster,
High School were to be filled up by way of promotion from Sanskrit
Teachers. All the promotions were to be made on the basis of senioritycum-
merit. The qualifications and experience prescribed for promotion as
Headmaster was as under:-
"B.T./B.Ed. and eight years experience as Sanskrit Teachers /Hindi/
Teacher or Punjabi Teacher."
There are two sets of Sanskrit Teachers working in the School
Education Department, Haryana:-
those who have passed B.A. with B.T./B.Ed. or equivalent
examination; and
those who have not passed B.A. examination but have
qualification equivalent to B.Ed.
That in the year 1999, the department had taken a decision that the
degrees/diplomas of which equivalency has been determined by the State
Universities will be considered as equivalent by the Department also.
Since Kurukshetra University, Kurukshetra and Maharishi Dayanand
University, Rohtak have declared the qualification of O.T. /LTC/Shiksha
Shastri after passing Shastri examination equivalent to B.Ed. Thus, the
same is also treated recognized by the Department as such.
Whereas earlier, only the Sanskrit teachers having the qualifications
of B.A. with B.T./B.Ed. were being considered eligible for promotion to the posts of Headmasters and those Sanskrit teachers who were having the
qualification of Shastri with O.T. /LTC/Shiksha Shastri without passing
B.A. examination were not being considered eligible for promotion as
Headmasters.
Some of the Sanskrit Teachers working in the Education
Department, Haryana had filed civil writ petition No. 16674 of 2006,
10756 of 2006, 5904 of 2007, 5906 of 2007, 15977 of 2007 and 521 of
2008 claiming promotion to the post of Headmasters of High School
which were decided by the Hon'ble Court vide judgment dated 03.3.2008.
The relevant extracts of the order are as under:-
"In view of facts, mentioned above, we allow these writ petitions
and direct the respondents to consider the petitioners and all other
Sanskrit Teachers working in respondent — Department, who possess
qualifications equivalent to B.T./B.Ed. and have the requisite experience
as per rules but they may not possess qualification of B.A. with Sanskrit
as one of the subjects, as eligible for promotion to the posts of
Headmaster, High School. Furthermore, it is made clear that if any junior
person to the petitioners in the cadre has been promoted as Headmaster
earlier, relief be granted to the petitioners also from that date. However, as
per undertaking given by their counsel, they shall not be entitled to get
any actual financial benefit, only deemed/notional benefits be given to
them. This be done in the case of other employees also. Needful be done
within a period of two months from the date of receipt of copy of this
order."
That aggrieved from this order of the Hon'ble High Court, some of
the candidates having qualifications of B.A. and B.Ed. filed Special Leave
Petition before the Hon'ble Supreme Court of India. The Hon'ble
Supreme Court, in Special Leave Petition (C) No. 5453-5459 of 2009
titled as Sh. Bhanwar Singh and others V/s Bahadur Singh and others
passed the order dated 23.09.2011, the operative portion whereof is
reproduced here under:-
"In our view, the impugned orders do not suffer from any legal
infirmity requiring interference under Article 136 of the Constitution, but,
at the same time, we were convinced that the High Court was not justified
in giving a general direction for consideration of the cases of all other
Sanskrit Teachers working in the Education Department, who possess
qualification equivalent to B.T./B.Ed. for promotion to the post of
Headmaster, High School.
The special leave petitions are accordingly disposed of in the
following terms:
The directions given by the High Court for consideration of
the cases of the writ petitioners for promotion to the post of
Headmaster, High School is confirmed.(ii) The omnibus direction was given by the High Court for
consideration of the cases of all other Sanskrit Teachers
working in the department, who possess qualification
equivalent to B.T./B.Ed. and have the requisite experience
for promotion to the post of Headmaster, High School is set
aside.
However, it is made clear that this order shall not preclude other
persons claiming to be eligible for promotion to the post of Headmaster,
High School to seek appropriate remedy."
That by virtue of the order dated 03.03.2008 passed by the Hon'ble
High Court and upheld by the Hon'ble Supreme Court of India, all the
Sanskrit Teachers have become eligible for promotion to the post of
Headmasters and as per court directions their claim for promotion as
Headmasters is required to be considered along with those who were
earlier promoted though junior to the petitioners. Consequently, the
Sanskrit Teachers having the qualification of B.Ed. with B.A. and were
promoted as Headmasters, though junior to the petitioners were liable to
be reverted.
That at present, there are 1539 sanctioned posts of Headmasters,
High School in Education Department, Haryana and the number of 7%
posts meant for promotion quota of Sanskrit teachers under the' Haryana
State Education (School and Inspection Cadre) (Group B) Service Rules,
1998' comes to 108 posts. At this stage, 104 persons already promoted
from the Sanskrit teachers are working as Headmasters or Principals. Out
of said 104 Headmasters/ Principals, 75 persons are those who are junior
to the petitioners and who were appointed as Sanskrit teachers on regular
basis after 16.9.1982. They were earlier promoted as Headmasters or
Principals but they do not fall within the earmarked 7% quota reserved
for Sanskrit teachers are liable to be reverted. Now in compliance of the
Court verdict , the claim of petitioners have been considered and those
who were eligible have been promoted. As a consequence thereof 55
Principals and 20 Headmasters have been reverted to their original posts
of Sanskrit teachers vide order No.4/5-2013 HRG-II(1) dated 23.7.2013.
The remaining 29 Headmasters are those who were appointed as Sanskrit
teachers on regular basis on or prior to 16.9.1982 and these persons are
entitled to hold the posts of Headmasters as per their seniority. Thus, at
present, 04 clear cut vacancies of Headmasters meant for promotion quota
of Sanskrit teachers are available and after reversion of 75 persons whose
services as Sanskrit teachers were regularized after 16.9.1982 and who
were earlier promoted as Headmasters or Principals, hence 79 (75+4)
posts of Headmasters meant for Sanskrit teachers quota become vacant.
Out of said 79 posts of Headmasters, 56 posts have been filled up by
promotion from the Sanskrit teachers who were appointed on regular basis
on or prior to 16.9.1982 and 23 posts have been kept reserved for those
eligible Sanskrit teachers who were appointed on regular basis on or
prior to 16.9.1982 but for want of their service record could not be promoted. Thus, all 108 posts of Headmasters meant for promotion quota
for Sanskrit Teachers as on 10.4.2012 stand filled up. The Haryana State
Education (School and Inspection Cadre) (Group B) Service Rules, 1998
under which 7% posts of Headmasters were to be filled up by promotion
from the Sanskrit teachers have been repealed by enforcing the Haryana
State Education School Cadre (Group B) Service Rules, 2012, notified on
11.4.2012, according to which 100% posts of Headmasters, High School
are to be filled up by promotion from amongst Elementary School
Headmasters/ TGTs. Thus, there remains no quota for promotion as
Headmaster, High School from amongst Sanskrit teachers after 10.4.2012.
It is also pointed out that 20 persons are those whose services as
Sanskrit teachers were regularized after 16.9.1982 and were promoted
as Headmasters in compliance of the orders of Hon'ble Supreme Court of
India in Special Leave Petition No.5453-5459 of 2009 titled as Bhanwar
Singh and others Versus Bahadur Singh and others passed on 23.9.2011.
On re-consideration of the matter, it has been found that the Hon'ble
Supreme Court had issued direction only to consider the case of the
petitioner for promotion but they were promoted inadvertently though
junior to other eligible Sanskrit teachers. Out of said 20 petitioners, 18
persons were appointed as Sanskrit teachers on regular basis with effect
from 01.11.1986 and 02 persons were appointed as Sanskrit teachers on
regular basis with effect from 30.9.1988. After reversion of 55 Principals
and 20 Headmasters/ Principals vide order No.4/5-2013 HRG-II(1) dated
23.7.2013 who were appointed as Sanskrit teachers on regular basis after
16.9.1982, including said 20 petitioners, even a single person junior to the
said petitioners has not been retained as Headmaster or Principal and as
such, they were also liable to be reverted.
The factual position relating to the petitioners is as under:-
http://www.schooleducationharyana.gov.in/downloads_pdf/daily_orders/T15102013.pdf