Civil Writ Petition No. 21851 of 2008 [1] IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of Decision: January 19, 2009 Smt. Salochana Devi and another ........... Petitioner versus State of Haryana and others ......... Respondents CORAM: HON'BLE MR. JUSTICE T.S.THAKUR,CHIEF JUSTICE HON'BLE MR. JUSTICE HEMANT GUPTA 1.Whether Reporters of local papers may be allowed to see the judgment ? 2. Whether to be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest? Present : Mr. S.S. Kaliramna, Advocate for Mr. Parveen Bhardwaj, Advocate for the petitioners. ***** T.S.Thakur , C.J. (Oral) Issue notice to respondents No.1 to 3. Mr. Rameshwar Malik, Additional Advocate General, Haryana, accepts on behalf of their behalf. Keeping in view the order that we propose to make, we consider it unnecessary to issue notice to respondents No.4 to 8 in this case. This petition purports to have been filed in public interest. The grievance of the petitioners appears to be that respondents No.1 to 3 have summoned the service record of respondents No. 4 to 8 for consideration Civil Writ Petition No. 21851 of 2008 [2] and appointment against certain vacancies in the cadre of Headmaster. The said respondents are, according to the petitioners, ineligible for any such promotion in terms of the Haryana State Education ( School and Inspection Cadre)(Group B) Service Rules, 1998. The petitioners, therefore, pray for a certiorari quashing the communication dated 27.10.2008, Annexure P-1 to the petition, whereby the service records of so called ineligible candidates have been summoned and also for a mandamus directing respondent No.1 to 3 to promote only those candidates who are otherwise eligible under the Rules aforesaid. We have heard learned counsel for the parties at some length. We are of the view that it is premature for this Court to examine the validity of the proposed promotions. It is true that from the communication impugned in the petition, the exercise for promoting eligible candidates against the available vacancies of Headmaster appears to have been started but it is equally true that no promotion based on such exercise has been made so far. The petitioners' apprehension that in the process of making of the proposed appointments, ineligible candidates may be promoted contrary to the Rules does not appear to us to be well founded as we have no reason to assume that the competent authority would ignore the conditions of eligibility and make promotions which are contrary to the Rules on the subject. Be that as it may, the petitioners grievance that the authorities are likely to ignore the Rules and make promotions of ineligible candidates can, in our opinion, be redressed by directing the competent authority to look into the matter and ensure that only eligible candidates are promoted. In order to avoid any confusion including litigation by those affected by such selection, it would, in our opinion, be more appropriate to direct the Civil Writ Petition No. 21851 of 2008 [3] petitioners to make a suitable representation to respondent No.2 who shall then look into the representation and ensure that the process of selection and promotion against available vacancies in the cadre of Headmaster is made strictly in accordance with the Rules on subject. The petitioners shall file a representation within four weeks from today. Respondent No.4 shall then examine the same and take necessary steps as directed above. The petition is disposed of. No costs. A copy of the order, under the signatures of Special Secretary of this Court, shall be given dasti to Mr. Rameshwar Malik. ( T.S. THAKUR ) CHIEF JUSTICE 19.01.2009 ( HEMANT GUPTA ) khushbir JUDGE