CL/S- 9°=3/4 IN THE HIGH COURT OF CHHATTISGARH ^v nii.A.apwn Petitioner .^^. ?1^>/' < ^'!>\''+>,- ^ys^" ^^-" ^' ^0-'; ^Tiv"^i ;<- fe W.P. No. ^^ /2006 /1. PADMAN LAL CHAUDHARY, S/o Shri Tularam Chaudhary, aged about 38 years, R/o village Tilanjanpur, Block - Pithora, District Mahasamund (C.G.) 2. BHOJ RAJ PRADHAN,. S/o Shri Kamdar Pradhan, aged about 38 years, R/o village Mohgaon, Block - Pithora, District Mahasamund (C.G.) 3. NEERA LAL NAYAK, ^ S/o Shri Dileshwar Nayak, aged about 39 years, R/o village Raja Sevaiya, Block - Pithora, District Mahasamund (C.G.) Respondents VERSUS 1. State of Chliattisgarh / Through Secretary, Panchayat & Social Welfair Departaient, D.K.S. Bhawan, Raipur, Distt. Raipur (C.G.) 2. Collector, ^ Distt. Maitiasamund (C.G.) -2. 3. Director, Panchayat & Social Welfare Directorate, Raipur (C.G.) 4'. Chief Executive Oficer Zila Panchayat, Mahasamimd (C.G.) WRIT PETITION UNDER ARTICLES 226 OF THE CON- STITUTION OF INDIA FOR ISSUANCE OF APPROPRI- ATE WRIT(S). IN THE NATURE OF MANDAMUS, CERTIOKAR^ QK_uiBE£TIO^(Sl. KSSSSi SSSSSSSi .H^^^^^K 'ffi EK:~ M' ^' :il:: .%. ;'sa s; ^ K SB •ss'^vSSSSS isSIKilU •SS3SS :::^".®»s HIGH COURT QF CHHATTISGARH AT BILASPUR 8.B. : HON'BLE MR. 8ATISH K. AGNmOTRI.J. WRIT PETITION CS) No. 4193 ofM06. Petitioners Versus Respondeats Padman Lal Chaudhary & Othws State ofGhhatti^arh & OAers Present: Shri R.S.Baghel, Advocatefor theprtitionea's. Shri Sarish Gupta, Deputy GovemmentAdvocate forfte State/respendeate. ORDER ' (Passed on f^ .03.2007) By fhis petition, the petitioners sedc a writ in Ae natore of raandamus agaiost Ifae respondente to promote Ihem to tiie postof Shiksha Kanni Grade H in Jila Panchayat Mahasamuad gtaatiag them preference over other candidates, as the prtitioaers tiave gra4urtioa degree and Bashelor in Educatai certffissate. Alteraatively, the respondents 1 to 4 be dirwted to place th^n above otiier Shiksha Kanni Grade III who do not possess bacfador depse •I and bachelor degree in Educatioa or B.T.I,. The facte in nutshell are that tiie petitioner 1 was I* Shiksha Karaii Grade HI oa 7.12.1998 by the Jaapad Panchayat f' Pitiiora aadioiiied the services on 8.12.198. The petitioner BO. 2 was appointed as SMksha Kssmi Giade HI on 18.5,99 and joiaed OB 1.7.99 b»fhe same Jaapad Panchayat Pititora, and Ifae p8tition»B©. 3 was appointed as ShikAa Kanni Grade III on 30.09.^ anrfjomwl on 9.10.98 by tiie same Janpad Panchayat md posted at Vimalpwr. According to the petitioners, th<y sse graduate m arts aad have obtained baehelors degree in Education before their appoiatmait as Shiksha Kanni Giade nl. Aceonling to tfae SchedBle IV of liie Chhattisgarh Shiksha Kanais (Recraitment aad Cooditiens of Services) Rules, 1997 (for short "Rides, 1997"), Ifae required qualification for promotioa from Shiksha Kaani Orade III to Shiksha Kanni Grade II is gradaate degree and e^erieace of not less tiian 7 years in the post held. The qualifieatiion for i^pointmeBt as Shiksha Karmi Grade III as incorporated vide notificatioa ao. 2 dated 31.7,98 in tiie Rwles, 1997 is asuoder: "3-A.Gradem a 1 oa Edusatioaal Qalifieation .s 03 (1) (2) (3) (4) (5) Shifcstoa Kami 21 33 (a) Tabla (b) Shiksha Kanm 21 33 / Vigyan/ Shiksha Kamri Prayogshida- (c) ShikAa Kanm 21 33 Urdu , Catifieate fimn reeognfeed instituticBi in Tabta. Higjier • Seeonday Ctotifieate Exaimnatioa (Seienee Gnwq») I* Hi^ier Secondary Sdool Certifieate Exanunation withUtdu SHbjecL" 3. The petiti<mers applied for promotion to the post of Shiksha Kamri Grade II which could not be graoted to these petitioners. Thus this petition. 4. Shri R.S.Bhagat, l^med counsel aiqxsaring forthe petitioaens woutd submit tiiat the petitioners are havmg better qualification i.e. d^'ee in graduation sad degree in Bachetor ofEducation, have to be givea seniorily over oAer teachers. It was farther contended that aU the Shiksha Kanais, who aie haviag graduation degres fee treated as oae class and the remaming be freated as different class. Learaed counsel fiirtber contended tiiat flie seniority en the basis of ttie dEfte of joining not on the basis ofpre-appointmfflat educational qudification is violative ofArtick 14 and 16 oftiie ConstituttOTi of India. Simce tfae petitioners were given exda points at tiie time of y&erwtnient, th^ should be trested senior to othw teswr qualified Steksha Karmi Grade III. The petitioners have a legitimate expectatioa of being grested prefereoe®for promotion on the basis ofbetter qualffics^oa poasessed by them. 5. Per coatra, Shri Satish Oupla, Deputy Gowinment Advocate appewiag for the respondents/State would submit tfart tiie petition de^rves to be dismissed on 1fae grouad of aon-joinder of partles as the petitionws were appoiat&l by tiie C.E.O. Janpid Panohayat Pithora, District Mahasamuad. T1ie C.E.O. Jaapad Panehayat ^ ,* '! - PiAora, being the appointing aulfaority is a aecessaxy party to tiie r' petition for p-oper adjudication efthe dispute. Oa merft, Ae leaaied 1 counse! submite that the petitioaere hawe bem graated weightoge at tiie time ofrecruitment on Ihe post of Shiksha Kanai Grade HI and there is no provision under law that afier recruitment, any seniority shouid be assigned on tiie bssis pfqualifieation b»tnot on the basis ofdate ofappointment. He further uigedthatlhecontentions ofthe petitioners are fiivolous and unsustainable. It was fordier submitted tfaat tihe saiiority of SMksha Karmi is maintaised at Ifae Janpad Panchayat level aad tiie promotieiis fmva Shiksha Kanni Grade III to Giade K is made by fte Janpad Panehayat. The coaceraed Janpad Paachay8tis not made a pwty and as such, it was difficutt to kaow as to how tbe promoti<as were made. I have heard the leamed coonsel appesriag for Ihe parttes aad have peresed the pleadiags and documeBtes ^peaded thereto. The contention oftfae petitioners on afl couate deserves to be reje<^ed. The contention of the petitioaer is based on conjectures and guesswork. Rule 5 of Rales, 1997 dealing witfa the methods of selection and recruitment does not provide for grantofany seniority to these persons who teve graduation in arts-sciaiee or graduation in Educstion excq?t some percent ofweightage was given to diem at the tiae of recruitiaent. Rule 5(9) of Maidhya- Pradesh Paael»yat Shiksha Kanni (Recruitmeat And Conditions of Servioe) Rwle^ 1997 reads as imder "(9) (i) The Committee will assess tiie eandidates ealied for intCTview and award aaifes in the followiag mamier: (a) 70% marfcs for marks obtained in fte qtialifying exataination specified ia Schedule H, while wdgbtage for the presGribed qwdifying weightage to caadidates of vocational cowses will be given only on tiie basis of mwks obtaiaed in Ae tiieoiy examuiation. (b) 10% marfcs of tlws teaching experieaw (3%, 6% Mid 10% mwksshall be for the experience of oae year, two yesns and fhree years and more respectively in which mjaiaium eight months educational session sba& be couated as one year e^erieace aad shall include teac&ing e^perieace m Educalion Guarantee Scheme Ceatees, D.P.E.P. altwaate sehools aad Non-Formal EdBcatioa CCTifa'es), in Ae sehools ofconeeraing Janpad Panehayat or Zila Paaeha^tt. Similar benefits will be given for teachiag e^®riea<»of hiindred percent State GoverameBt mded aad reeogmsed raral schools. The decisioa oflfae General Admiaisteatfon Comsiittee OB the validity and valuation oftii®eertifivate ofteaching experienceofn»»lsehoolsfaallbefiBd.) (c) (7%) nuu-ks for oral testwhich inay iaclwle thetest for:- (i) Communication skills in locd dialect. (ii) Kiiowledge oflocd enviroaBnent (iii) General tcnovdedge. (iv) Trainiag and Twiching Aptitude. (v) Any otfaer test.which Ihe Selection Cotnaittee may deem fit. (d) 8% ms±sfor B.Ed/B.T.I.D.Ed. Certificat^ 2,5% mmks for Seouts aad Ouides/N.C.C. CCTtificatesand2.5% mmfcs for sports (fw participating ia intor dis&ict or Ngher level events.)] 8. (e) All other tihangs remaining the saae, in tiie fiaal selection, tiiose who have toachiflg e^erienee of schools of Jaapad Panchayat or Zila Panehayat will be pven preferwce. [(ii) Select Ust ofeach category shdl be prepared on Ae basis of the above assessment in order ofmerit and shtf iaclude 5 ntHaes or 20% names, whichever is more in waiting list whfeh. shdl be valid for nine moatfas, For appointmentthereshall b®prepared m iategrated select list eqwvalent to Ifae number ofvacaat poste in such order fhat die aame of Ihe eandidates swuriag meoanuiB niarks shall be on the top of Ae Hst fottowed ly @ACT BBaaes ia desceading order ap to tiie number of vaeancies firrt in C^neral Category (Unreserved CatBgoiy). If in llie list of General Categories there is a reserve cat^ory (smdidate on Ifae mCTit basis. Ns appointeieat shaB not be traated agaiast the port of reserved categoiy. After this the names of reserved eategory candidates sba& be written in desceirfiiig order equiyaleat to the number oftotd vacwicies in each of such categories. la ad4ition to tiie integrated sdect list 5 fflsates or 20% naafes of tbe candidates whichever is more, shaM be kqit in the waiting list oa tiie said prinGipl®]." The basic qualification for recruitaient OB tiw post of Shifcsfaa KMaai Grade ffl is ffigher Secondaty Certificate Exaaiinatioa or eipiyalent to that Tfae promotion fi-om SMksha Karmi Grade III to Gtade II is provided in Sehedule TV of the Rules, 1997 thrt fce ^»dificati®a prescribed is gradaate degree aad experiCTce ofnot less tiiaa 7 yeara in Ihe post held. WheAer the petttioners had completed 7 y«tts ./ I* when fte appUcation for conadCTatioB fw promotioB to 1h®post of Shiksha Kanni:0rade II was invited, is notimowi. 9. The Jminpad Paaehayat.Rthora is a aeeessai'y party aad fte Ssaywd Pmehayatfithora is in position toexplam as to howthereenutoeat was made, what is tiieposition of semorily and where the petitioners stond ia seaiority as die saine is maiataiaed by tiie Jaapad Panchayat. The petitionars haw deliberately, it appeais, not imirfeaded the necessaiy aad relevant Janpad Ptoehayat PiAwa aad other teachers who have been promoted as pMrty-respondente ia Ais petition. On the question of n<m-joiader of psaty. ti»e Hoa'ble Siipreme Court ia Arun Tewari & Oflwrs Vs. 31» Mmnsmdl Shifesliak SMI^I & Odrcrs , observed as under: "13. AU tihie original applicaate b@fwe Ite Tribunal vAo ttwe challenged these provisioas for reoraiteiTOt of ^sistaat Teachws under tiie Operidion Blackboard Scheine did not possess Ifae r^uistte qualifi<»tio&for being selected uader fhe said scheme re Assistant Teachers. Tlieir names do not figure among Ihe Usts forwarded by tfae District EmployaeBt Exchanges coneemed. Surprisiogly, Ifae applieations filcd by ail these persons and/or groups before the Tribuari did aot make the selected/appoiated candidates who were dncetly affected by the outcome of their application^ as pmtv respondeats. The Tribuaal has passed the impi^ned oater vrithout making tfaem parties or issuing notiees toany oftfaaa. TTie entire exercise is seriously distorted be<ause ®fthis omission." 10. The SupraEne Coiu^ m Ihe matter of^abodh Verma Vs. St^ <rf U.P. 198^4) SCC 2512 wlule dealu^ wi<fa the qi^Etion of •^ constitutionftl vdidity of Uttar Piadesh High Sctool aad intennediate college (Reserve Pool Teiehers) Oriiaance 1978 aad UttarPradesh held inpara50 as uader: "50. To summarise our conclusions: (1) A High Court ought not to hear and dispose of a writ petition under Article 226 of the Constitution wittoirt the person who would be vitally affected by ite judgment being before it as respondents or at lea^:s<»ie of Ihem being before it as rasp<mdeats ia a representative capacily if their namber is too laige to join them as respondents in^viduaBy, and, if the petitioners re&se to so joia Ifaem, tiie ffigb Court owght to disaiss Ifae petitioa for non-joinder of aecessary parties." 11. In the present ease, tbs petitioners have nei&a- implead«l fte affected persons who have been proinoted, aorthe Ja^iad Panchayat which has recruited and prepared seniority list of SMksha Kanai Grade ffl. Thus, inabsenee ofneeessaiy pasty, tiiis petitien deserves to be dismissed. Even oAerwise, in view of tiie aaalysis made hereinabove lookiag finm all angl^, ttie petition is devoid ofmerit. 12. The petition is dismissed accordingly. No ordw asto cosfes. Sd/- Satish K. Agnihotri Judge 1. (1998)23cc332 2. (1984}4SCC2Sl i* Amit