Pinky Singh v. Moti Ram Memorial Girls Senior Secondary School & Ors.

1. Present writ petition has been filed seeking the following reliefs:- “(i) Direct that the Respondents conduct a DPC and consider the Petitioner for promotion to the post of Lecturer (Physics) / PGT (Physics) in the Respondent No. 1 school w.e.f. 2012 when the Petitioner became eligible for such promotion.

(ii) Direct all consequential benefits to be given to the Petitioner upon such promotion like arrears of pay and allowances and other benefits upon the promotion of the Petitioner with effect from 2012.

(iii) Direct payment of cost for such litigation in favour of the

2. Brief facts to the extent necessary for deciding the writ petition are that Petitioner was appointed with Moti Ram Memorial Girls Senior Secondary School/Respondents No. 1 and 2 (hereinafter referred to as “School”) as TGT (Natural Science) on 05.01.2007. School is admittedly a Government aided private recognized school. Upon appointment, Petitioner was placed on probation for a period of two years, during which period she was given the responsibility of functioning as PGT Physics. Upon successful completion of the probation period, services of the Petitioner were confirmed w.e.f. 10.01.2009.

3. It is the case of the Petitioner, as averred in the writ petition, that post of PGT Physics [presently re-designated as Lecturer (Physics)] has been lying vacant in the School since the year 2002. As per the Recruitment Rules, the post is to be filled through Promotion failing which, by Direct Recruitment and TGTs who have completed 5 years regular service are eligible to be considered for promotion as PGT (Physics). Petitioner who has been working in the School since the year 2008 as PGT (Physics) became eligible for promotion in terms of the Recruitment Rules (hereinafter referred to as the “RRs”) in 2012, on completion of 5 years regular service, but despite availability of the vacancy, her case was not considered on the pretext that the post is reserved for ST category as per the 200 Point Roster. Being eligible, Petitioner made several representations to consider her case for promotion to the post of PGT (Physics) but to no avail, compelling the Petitioner to file the present petition seeking directions to the School to convene a DPC and consider the Petitioner for promotion to the said post.

4. Short affidavit has been filed on behalf of the School wherein the stand of the School is that on 09.06.2008, DPC was held for promotion to the post of PGT (Physics) and though the Petitioner possessed the requisite qualification, she did not have the required period of service and was ineligible. Since the post is to be filled up by promotion failing which by direct recruitment, finding no candidate eligible for promotion, it was recommended that appointment be made through direct recruitment. In the Staff Selection Committee Meeting held on 25.06.2008, it was noticed that as per the Roster, the post was reserved for the ST Category and therefore a clarification was sought from the Directorate of Education to de-reserve the post and/or fill the same by an unreserved candidate. However, in the next meeting, no candidate turned up for the interview and the meeting was deferred. It is further stated that in 2012, Petitioner completed 5 years as TGT and became eligible for promotion to the post of PGT (Physics) in accordance with the RRs. The case was accordingly sent by the School for permission to fill up the post but no positive response was received from the Directorate. Pertinently, today the stand of the School is that it has no objection to convening a DPC and considering the Petitioner for promotion to the post of PGT/Lecturer (Physics), as she fulfils all the requisite criteria under the RRs applicable to the post.

5. Significantly even the Directorate of Education/Respondent Nos.[3] and 4 does not have any objection to the relief sought by the Petitioner and the relevant paras of the counter affidavit are as follows:

6. From a holistic reading of the affidavits of the Respondents as well as the arguments canvassed today, it emerges that the Petitioner was not considered for promotion in the year 2008 as she was ineligible and efforts were made to make appointment to the post of PGT (Physics) through direct recruitment, which remained unsuccessful. Since the appointment was sought to be made through the mode of direct recruitment, an issue had arisen with respect to reservation of the post, as per the 200 Point Roster and on this score the matter remained pending and no DPC was held for a long time. In the meantime, admittedly, Petitioner has become eligible in 2012 and it is a common ground between the Respondents today that the Petitioner being eligible is entitled for consideration for promotion and a DPC is required to be convened by the School.

7. In view of the stand of the Respondents, this Court finds no impediment in granting the relief sought by the Petitioner. Accordingly, direction is issued to the School to convene a DPC within a period of six weeks from today and consider the case of the Petitioner for promotion to the post of PGT (Physics)/Lecturer (Physics). Needless to state, the same shall be subject to the Petitioner fulfilling all essential qualifications prescribed in the RRs and meeting the benchmark, etc. as well as subject to vigilance clearance. In case the Petitioner is granted promotion, all consequential benefits shall be granted to the Petitioner, in accordance with law.

8. Writ Petition is disposed of with the aforesaid directions.

JYOTI SINGH, J JANUARY 31, 2023