Geetha S. Nair vs Delhi Administration
1997 Latest Caselaw 661 Del

JUDGMENT

Devinder Gupta, J.

(1) The petitioner, who has been working as Assistant Teacher in Kerala School run by the Kerala Education Society, the third respondent, has challenged the selection made by the Departmental Promotion Committee of the third respondent on 29.11.1994 recommending the 4th respondent to the post as T.G.T. (Biology).

(2) The basis for the challenge is that the petitioner being the senior most Assistant Teacher with more than 5-1/2 years teaching experience has been ignored in preference to respondent No.4, who was employed in non-teaching category as Laboratory Assistant and was not eligible for being considered for promotion to the post of T.G.T.(Biology).

(3) The admitted facts are that the petitioner having degree of B.Sc. & B.Ed. was appointed as Assistant Teacher in Kerala School run by respondent No.3 pursuant to the offer (annexure-P.4) dated 28.2.1989. She joined the school on 1.3.1990 and her appointment was duly approved with effect from 15.7.1989 by the Director of Education through letter (annexure- P.5) dated 15.7.1989. At the time of appointment of the petitioner as an Assistant Teacher, respondent No.4 was working as Laboratory Assistant in the school, who joined the school in March,1988. She acquired B.Ed.degree in 1989 and later on did M.Sc. in the year 1994. The petitioner has alleged that she has continuously been working against the post of Assistant Teacher, whereas respondent No.4 as Laboratory Assistant with the aforementioned qualifications. On these admitted facts parties were heard.

(4) Chapter Viii of the Delhi School Education Rules, lays down conditions for recruitment, promotion etc. Rule 100 deals with the power to prescribe minimum qualifications for appointment of teachers and Rule 108 states that vacancies can be filled up by promotion or by direct recruitment. Rule 107 prescribes the manner of maintaining seniority amongst employees. Relevant recruitment rules for the post of T.G.T. says that the post is a selection post and the same is classified as Grade-C non-gazetted. The minimum qualification for the post of T.G.T. Physical Science/Natural Science as prescribed by the Education Department is as under:- "1.ABachelor's Degree (Pass)/Hons from a recognised University or equivalent having secured at least 45% marks in aggregate of having studied to a level not lower that ancillary/subsidiary subjects indicated in any of the following groups:- 2. Xxxxxxxx 3. Xxxxxxxxx 4.Physical Science/Natural Science (a) Two or one of the following as main subject at graduation: (i) Chemistry (ii) Physics (iii) Biology (iv) Botony (v) Zoology. (b) The second subject can be from amongst the following also: (i) Mathematics (ii) English (iii) Computer Science (iv) Statistics. Provided Further that the requirement as to minimum of 45% marks in the aggregate at graduation Ist shall be relaxable in case of (a) candidates who possess a post graduate qualification in any of the subject listed above, (b) belonging to SC/ST. (OP physically handicapped candidates). II. Degree/Diploma in training Education or Sav certificate. III. Working knowledge of Hindi language at least upto secondary level or equivalent. Provided that Assistant Teachers (from MCD/Dte. of Edn.) and Lab Assistant shall not be required to have received 45% marks in aggregate in Bachelor degree (pass/Hons.) or equivalent."

(5) The Method of recruitment for the post is as under:- "1.BYpromotion from Assistant Teachers of the Dte. of Education having a Minimum of 5 years regular service as Assistant Teacher failing which by direct recruitment 20%. 2.ÿBy promotion from Lab Assistants. of the Dte. of Education having a minimum of 5 years regular service as Lab. Assistants, failing which by direct recruitment 05%. 3.ÿBy promotion from Assistant Teachers of Mcd having a minimum of 5 years regular service as Assistant Teachers, subject wise on the basis of seniority-cum-merit failing which by direct recruitment 47%. 4.ÿBy direct recruitment 28%".

(6) On 20.9.1992 a circular was issued from the Directorate of Education to all Heads of the Schools on the subject of promotion of Assistant Teachers/Laboratory Assistants working in the Department of Education to the post of Tgt and Language Teachers, notifying that as per the provisions of Recruitment Rules vacancies for the post of T.G.T. are to be filled through promotion from amongst the Assistant Teachers/Laboratory Assistants working in Government Schools having a minimum 5 years regular service as Assistant Teachers/Laboratory Assistants and fulfillling the requirement of Recruitment Rules.

(7) In the month of June, 1994, again a circular was issued by the Directorate of Education about the manner of filling up of vacancies in such cases where Rules provided for filling up of those vacancies either by promotion or by direct recruitment. It was clarified that in recognised private school 100% vacancies are reserved for promotion, failing which by direct recruitment. The copy of the letter reads:- "The Secretary D.T,E.A.,Lodhi Estate New Delhi Sir, This is with reference to your letter No.DO/09/2/DTC/94 dt.9.5.94. In this connection, I have been directed to state that the recruitment rules for posts in the govt. schools so circulated to the recognised private (Aided/Unaided) Schools,Delhi/New Delhi shall be applicable to such schools i.e. Aided/Unaided to the extent of qualification, age, promotion avenue etc. As far the ratio between promotion and direct recruitment, the same shall not be applicable to private schools for the reasons given below:- i) The Selection Committee/D.P.C. is required to be constituted as per Rule 96 of the Rules for filling up the posts. ii) In aided schools, the vacancies are limited and therefore, we cannot have the ratio of 75% and 25% for promotion and direct recruitment respectively. iii) In recognised private schools 100% vacancies are reserved for promotion failing which by direct recruitment."

(8) Reading of the two circulars dated 20.9.1992 and 20.12.1993 and annexures-P.IV and P.V coupled with communication (annexure-P.VI) dated 13th June, 1994 makes it clear that in so far as private schools such as the school in question; the post of Tgt is to be filled up on selection basis by promotion from amongst Assistant Teachers/Laboratory Assistants possessing the required qualficaton.

(9) It is not in dispute that as a Laboratory Assistant, respondent No.4 has been working in the same school prior to the petitioners appointment in the said school. Though separate seniority lists have been drawn of Assistant Teachers and Laboratory Assistants, but on combined reading of the same undoubtedly respondent No. 4 is senior to the petitioner and possess higher qualification. Both of them were duly considered by a regularly constituted Departmental Promotion Committee, which made recommendation in favour of respondent No.4 and consequently she was appointed to the post in question. In such like matters of selection the Court does not exercise jurisdiction akin to appellate jurisdiction so long the Competent Authority has acted bonafide on the principles of fairness and fair play. When qualifications for the appointment to post in a particular cadre are prescribed, the same have to be fulfillled before a person can be considered for appointment. Seniority in a particular cadre alone does not entitle an individual for promotion to higher post. Selection post and selection naturally has to be adjudged keeping in view the educational qualification, experience, performance and other relevant data. In this case there is no scope for interference when admittedly the petitioner and respondent No.4 were duly considered by a duly constituted Selection Committee, who on the basis of the material before it selected respondent No.4 on the basis of her seniority, educational qualification and consequently made recommendation in her favour. With this decision of the Departmental Promotion Committee, no ground is made out to make any interference in exercise of our writ jurisdiction.

(10) Consequently, the writ petition, which has not force, is dismissed.