Civil Writ Petition No. 16443 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 16443 of 2009 Date of decision:-23.8.2011 Balvir Singh ...Petitioner Versus Director, Education Department (Secondary), Punjab and others ...Respondents CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. Salil Bali, Advocate for the petitioner. Mr. Puneet Gupta, Addl.A.G. Punjab. Mr. Amarjit Singh Lauhka, Advocate for respondent No.4. RITU BAHRI J. This petition under article 226/227 of the Constitution of India for directing the respondents for quashing the order dated 14.7.2009 (Annexure P- 7) and for promotion from the post of Workshop Attendant to the post of Vocational Teacher. The petitioner is working as Workshop Attendant in Government Senior Secondary School, Doraha, District Ludhiana. He is matriculate and is having two years certificate from the National Council for Vocational Training. In pursuance to the letter dated 4.8.2008 (Annexure P-4) issued by the Director, Education Department (Secondary), Punjab, Chandigarh whereby the school authorities were directed to send the relevant cases for promotion against the vacancies so available. The name of the petitioner was forwarded vide letter dated 10.9.2008 (Annexure P-5) by the Principal, Government Sr. Secondary School, Doraha (Ludhiana) to the District Education Officer, Ludhiana. Civil Writ Petition No. 16443 of 2009 -2- Thereafter, the District Education Officer has recommended the list to the Director, Education Department (Annexure P-6) dated 27.1.2009. In Annexure P-6 petitioner's name was figured at Sr. No.7 and respondents Barinderjit Singh at Sr. No.10, Jaswant Singh at Sr. No.11 and Ajmer Singh was at Sr. No.12, were issued promotion orders on 14.7.2009 and the petitioner was ignored. The grievance of the petitioner is that from the date of appointment as is evident from Annexure P-6 he was senior to the respondents and was fully eligible to be promoted as work experience teacher. In response to the writ petition written statement has been filed by the District Education Officer on behalf of respondent Nos.1 and 2 stating that the claim of the petitioner was rejected as he does not fulfil the requisite qualification for promotion. As per Punjab Government Notification dated 08.7.1995 (Annexure R-1) the qualification for the post of Work Experience Teachers is as under :- “Essential- 1) Matric 2) Two years certificate course from ITI or National Council of Vocational Training (NCVT) or National Apprenticeship Course (NAC) in radio and T.V. Mechanic, or 10+2 Vocational Pass in R & M of radio and T.V., Mechanical, Electrical, Furniture making trade Courses from recognized State Board of Education.” The petitioner has undergone a course of training as Instructor in the trade of Fitter from NCVT. The names of respondent Nos.3 to 5 had been recommended for promotion vide order dated 14.7.2009. As per rules, they do not fulfil the requisite qualification. Their case for promotion as Work Experience Teacher has been reconsidered in the light of Government Notification dated 08.7.1995. Their case for promotion has been rejected vide order dated 15.4.2010 (Annexure R-2). The petitioner is not entitled for promotion as he has undergone a course of training as Instructor in the trade of Fitter from NCBT. The qualification vide notification dated 8.7.1995 (Annexure R-1) for promotion Civil Writ Petition No. 16443 of 2009 -3- to the Work Experience Teacher for a candidate is as under :- “Essential-1) Matric 2) Two years certificate course from ITI or National Council of Vocational Training (NCVT) or National Apprenticeship Course (NAC) in radio and T.V. Mechanic, or 10+2 Vocational Pass in R & M of radio & T.V. Mechanical, Electrical, Furniture making trade Courses from recognized State Board of Education.” The requisite qualification does not lay down that the course of National Council of Vocational Training should be in a particular field. National Apprenticeship Course (NAC) in radio and T.V. mechanic, in this qualification it has been specifically given that the course should be in radio and T.V. mechanic or 10+2 Vocational pass in R & M of radio & T.V., mechanical, electrical, furniture making trade courses from recognized State Board of Education. Petitioner's claim, therefore, cannot be rejected that he is matriculate and he has undergone course training as Instructor in the National Council of Vocational Training (NCVT). The only requirement is that he should have two years certificate course from NCVT without any specification. As per the prescribed qualification petitioner is eligible. Accordingly, writ petition is allowed and the petitioner is held eligible for the post of Work Experience Teacher as per Annexure R-1 and he should be promoted. Respondents are directed to consider the case of the petitioner for promotion as Work Experience Teacher and needful be done within a period of two months from the date of receipt of certified copy of this order. 23.8.2011 ( RITU BAHRI ) Vijay Asija JUDGE