CWP (T) No.5402 of 2008 25.6.2010 Present: Mr.Yudhiv Singh Thakur, Advocate, vice counsel for the petitioner. Mr.R.K.Sharma, Sr. Addl. Advocate General, with Mr.R.M.Bisht, Dy. Advocate General, for the respondents. Petitioner in effect has assailed the appointment of Shri Jwala Dass as JBT teacher. The said person has not been arrayed as a party. That apart, the respondents in their reply have stated as under:- “That in reply to this para it is submitted that the applicant is junior to Sh.Jwala Dass as Junior Basic Teacher. The date of appointment of the applicant is 23rd December, 1972 whereas Sh.Jwala Dass was appointed as Junior Basic Teacher on 8th September, 1971. It is further submitted that for promotion from amongst J.B.Ts. the date of appointment is to be taken into consideration and not the date of qualifying B.Ed. examinations, hence, the applicant has no locus to prefer and maintain the present application and the same deserves to be dismissed on this count alone.” “That in reply to this para it is submitted that the applicant is junior to Sh.Jwala Dass as per his initial appointment as Junior Basic Teacher. It is further submitted that for promotion to the post of Trained Graduate Teacher, the date of appointment as Junior Basic Teacher is relevant and not the date of qualifying the B.Ed. examination. It is in this background that Sh.Jwala Dass was promoted prior to the applicant. It is pertinent to mention here that as per Recruitment and Promotion Rules the criteria for recruitment to the post of Trained Graduate Teachers by promotion from the cadre of Junior Basic Teachers as mentioned in column 12 is reproduced hereinbelow:- By promotion: From amongst Jr. Teachers, viz. JBTs/ C&V teachers possessing the qualifications prescribed for direct recruits and working in the aforementioned posts on regular basis. Seniority list for the purpose wiled with reference to the date of regular appointment in the respective grades. From this it is clear that the promotion orders issued by the Department while promoting Sh.Jwala Dass prior to the applicant were strictly in accordance with the seniority prepared on the basis of date of appointment in the cadre of JBTs. Hence, the contention of the applicant is not tenable in the eyes of law.” The respondents have justified the appointment of Shri Jwala Dass, which is absolutely in terms of criteria laid down for recruitment to the post of Trained Graduate Teacher. No error can be found with the same. Thus no legally enforceable right of the petitioner stands violated. The petition is dismissed. 25th June, 2010 (Sanjay Karol) (C) Judge.