IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH C.M. Nos. 1154-56 of 2010 & CWP. No. 19852 of 2008 Date of Decision: 8.2.2010. Subhash Chander and another --Petitioners Versus State of Haryana and others --Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. Jagdeep Singh, Advocate for the petitioners. Mr. R.S. Kundu, Addl. A.G., Haryana. *** PERMOD KOHLI.J (ORAL) Applications are allowed. Matter taken up on the board with the consent of learned counsel for the parties. CWP No. 19852 of 2008 The petitioners are working as J.B.T. Teachers in the Education Department of the State of Haryana. The conditions of service and promotion etc. are governed by the statutory rules namely Haryana State School Cadre (Group-C) Service Rules, 1998. Rule 9 deals with the method of recruitment for various posts. For the post of Master 20% vacancies are filled up by promotion amongst J.B.T and C&B Teachers and 80% vacancies by direct recruitment. The petitioners seek their consideration for promotion against 20% quota meant for promotion. The petitioners claim that they are fully eligible and qualified. Both the petitioners have done their B.Ed Course from Jamia Milia Islamia University, New Delhi under distance education mode. Vide order dated 16.9.2008 (Annexure P-5) persons junior to the petitioners were promoted as Math Masters ignoring CWP. No. 19852 of 2008 -2- the claim of the petitioners. In the reply filed by the respondents, though, it is admitted that the persons junior to the petitioners have been promoted, however, it is stated that the B.Ed Course passed by the petitioners through distance mode from Jamia Millia Islamia is not recognized for purposes of higher studies and promotion etc. However, it is a clear and categorical stand of the respondents that B.Ed course passed by the petitioners through distance mode is approved by the N.C.T.E, university and the U.G.C. The respondents have also placed on record a certificate dated 2.11.1999 (Annexure R-3), whereunder the degrees acquired from various universities/institutions are said to be recognized. Para (ii) of the aforesaid certificate provides that the Teacher Training Courses recognized by the N.C.T.E., New Delhi would also stand recognized in the State of Haryana for the purposes. Petitioners have placed on record Annexure P-7 which is a prospectus, issued by the Jamia Millia Islamia University for admission to B.Ed course for the academic session 2007-08. In this prospectus, it is specifically stipulated that the B.Ed programme through distance mode being conducted by the Jamia Millia Islamia University is duly recognized by the N.C.T.E vide their letter dated 9.11.2003. The respondents have simply stated that the distance mode B.Ed programmed conducted by the said university is not recognized without placing any document to rebut the documentary evidence placed on record. In view of the above circumstances, it is held that the petitioners are possessed of the valid B.Ed degree acquired through distance mode, granted by the Jamia Millia Islamia University, New Delhi and they CWP. No. 19852 of 2008 -3- are eligible for consideration for promotion. Since the petitioners have been denied promotion and their juniors have been promoted, respondents will consider the claim of the petitioners for promotion to the post of Math Master on the basis of their seniority and qualification etc. with effect from the date persons junior to the petitioners were promoted. If, on such consideration the petitioners are otherwise found suitable, they will be granted promotion with effect from the date persons junior to them were promoted. However, the petitioners shall be entitled to only notional benefit of promotion, though, their seniority etc. shall be fixed by giving them the benefit of increments or any other benefit, which may be available under rules. In such an eventuality, the petitioners shall also rank senior to the junior promotees. Petition disposed of. (PERMOD KOHLI) JUDGE 8.2.2010. lucky