CWP No. 6179 of 2010 -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH CWP No. 6179 of 2010 Date of Decision: August 25, 2011 Rajphool Sharma …Petitioner Versus State of Haryana and others ...Respondents CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MR. JUSTICE GURDEV SINGH Present: Mr. Naresh Kumar, Advocate for Mr. Vikas Mor, Advocate for the petitioner. Mr. Aman Chaudhary, Addl. A.G., Haryana for respondent Nos. 1 and 3. Mr. Rajbir Sherawat, Advocate for respondent Nos. 4 and 5 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? M.M. KUMAR, J. 1. Through the instant petition filed under Article 226 of the Constitution, a declaration has been sought for declaring column 4(III) of Appendix B of the Haryana State Education (School & Inspection Cadre) (Group B) Service Rules 1998 (for brevity 'the Rules') as ultra vires of Article 14 and 16(1) of the Constitution on the ground that it has prescribed only B.T. or B.Ed. CWP No. 6179 of 2010 -2- as an educational qualification for promotion to the post of Headmaster. 2. When the matter came up for hearing on 07.09.2010, we have noticed the contention raised on behalf of the petitioner that the matter was covered in favour of the petitioner by a Division Bench judgment of this Court rendered in the case of Bahadur Singh and another v. State of Haryana (CWP No. 16674 of 2006 decided on 03.03.2008). According to learned counsel, the case of the petitioner was required to be considered for promotion to the post of Headmaster/ Principal on the basis of law laid down in Bahadur Singh's case (supra) by taking into account his qualification of B.A. examination with B.Ed. and having passed the qualification of M.A. in the year 2002. It was maintained that despite the directions issued by this Court in Bahadur Singh's case (supra) (P-9), his case was not considered for promotion. 3. In response to the notice of motion having been issued by this Court, written statement on behalf of respondent Nos. 1 to 3 has been filed. However, it could not successfully controverted that the principles of law laid down in Bahadur Singh's case (supra) do not apply to the facts of the present case. 4. Mr. Aman Chaudhary, learned Addl. A.G., Haryana could not point out any distinguishing feature between the facts of the case in Bahadur Singh's case (supra) and the case in hand. CWP No. 6179 of 2010 -3- The only argument raised was that the view taken by the Division Bench in Bahadur Singh's case (supra) is under consideration of Hon'ble the Supreme Court where reversion of some of the persons has been stayed who had earlier been considered and promoted. However, that would not take away the precedential value of the Division Bench judgment in Bahadur Singh's case (supra) namely because a third party has gone to Hon'ble the Supreme Court challenging the directions issued by this Court in Bahadur Singh's case (supra). The net result of the aforesaid interim direction issued in favour of already promoted Headmaster/ Principal would be that the promotions, already ordered, may not be withdrawn by reverting the persons who have enjoyed the promotions for long time. It is in these circumstances the ratio of the judgment rendered in Bahadur Singh's case (supra) would not be adversely effected. In that regard reliance may be placed on a Division Bench judgment of this Court rendered in the case of K.K. Jagia v. State of Haryana 1984 (2) SLR 744. 5. As a sequel to the above discussion, we dispose of this petition in terms of a Division Bench judgment rendered in Bahadur Singh's case (supra) and direct the respondents to consider the case of the petitioner by treating him eligible in respect of the educational qualification. If he is found suitable for promotion as per the Rules then he should be given promotion CWP No. 6179 of 2010 -4- with effect from the date any person junior to him was promoted. The needful shall be done within a period of two months from the date of receipt of a certified copy of this order. 6. Accordingly, the writ petition stands disposed of. (M.M. KUMAR) JUDGE (GURDEV SINGH) JUDGE August 25, 2011 Atul