IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Civil Writ Petition No.18364 of 2007 Date of Decision: November 30, 2009 Renu Bala .....PETITIONER(S) VERSUS State of Punjab & Others .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. Raj Paul Kansal, Advocate, for the petitioner. Ms. Charu Tuli, Senior Deputy Advocate General, Punjab, for the respondents. . . . AJAI LAMBA, J (Oral) This petition has been filed under Article 226/227 of the Constitution of India praying for issuance of a writ in the nature of certiorari, quashing Letter dated 10.9.2007 (Annexure P-6) issued by respondent No.2 i.e. Director of Public Instructions (Secondary Education), Punjab. Further prayer is for issuance of a writ in the nature of mandamus directing the respondents to promote the petitioner as Home Science Mistress or as Hindi CWP No.18364 of 2007 [2] Mistress with effect from the date, the petitioner had originally joined service. In the petition, it has been pleaded that the petitioner is serving as JBT teacher in Government Primary School No.1, Moga Chowk, Sekha, District Moga, having been appointed on 30.6.1997. It has been asserted that the petitioner has passed Bachelor of Science (Home Science) in March 1989 from Punjab Agricultural University, Ludhiana, as would be evident from Certificate, Annexure P-1. The petitioner passed B.Ed examination from Punjab Agricultural University, Ludhiana, in July 1990, as would be evident from Annexure P-2. The petitioner passed additional examination in the subject of Hindi of Bachelor of Arts Standard (three year course) in September 2004 from Punjabi University, Patiala, as disclosed by Annexure P-3. On 19.3.2005, the petitioner moved an application to respondent No.3 with a prayer that the petitioner be given promotion in Master/ Mistress cadre on the strength of her requisite qualification for the post of Home Science Mistress. Claim is also for promotion to the post of Hindi Mistress. Large number of promotions from amongst teachers serving in JBT cadres to CWP No.18364 of 2007 [3] Master/ Mistress cadre have been made in Education Department, in case of persons who had the qualification of B.A., B.Sc. and B.Ed. Since the prayer of the petitioner had not been granted, legal notice had been served. The petitioner received a response vide impugned order, Annexure P-6 that is under challenge in this petition. Order, Annexure P-6, reads as under:- “Subject: Legal Notice of Smt. Renu Bala, J.B.T. Teacher Government Primary School No.1, Moga Chowk, Sekha, District Moga. Smt. Renu Bala, JBT Teacher Govt Primary School No.1, Moga Chowk, Sekha, District Moga, does not fulfil the qualifications for appointment as Hindi Mistress and as such cannot be promoted as Hindi Mistress. All the posts of Home Science Mistress are filled by direct recruitment and as per rules, she cannot be promoted as Home Science Mistress. This is for your information. Sd/- Assistant Director, (Secondary/ Punjab-2)” Learned counsel for the respondents contends that the petitioner is not qualified to be promoted as Mistress in Hindi subject for the reason that she did not have the qualification of B.Ed. with Teaching Hindi. In this regard, reference has been made to the rules that have been appended as Annexure R-II. On the other count, it has been CWP No.18364 of 2007 [4] pleaded that the petitioner cannot be promoted as Home Science Mistress as the teachers in Home Science are appointed only by direct recruitment and not by promotion. No other issue has been raised. I notice that the facts asserted in the written statement have not been controverted by way of filing a replication. I have considered the issue. Appendix B to Rule 5 of the Punjab State Education Class III (School Cadre) Service Rules, 1978 indicates that for Hindi Master/ Mistress, a person is required to be:- (i) Graduate with Hindi as a subject; (ii)B.Ed. with teaching of Hindi in B.Ed. Certificate of the petitioner in B.Ed has been attached as Annexure R-I which shows that the petitioner did not have Teaching of Hindi subject in B.Ed. Under these circumstances, I am of the considered opinion that the case of the petitioner could not have been considered for promotion to the post of Mistress in Hindi subject. So far as promotion to the post of Home Science Mistress is concerned, it has been CWP No.18364 of 2007 [5] pleaded in Para 1 of Preliminary Submissions (written statement) that the post is to be filled 100% by direct recruitment and no promotional channel is available. In view of the above, I find that the petitioner is not entitled to the relief, claimed in the petition. The petition is dismissed. No order as to costs. (AJAI LAMBA) November 30, 2009 JUDGE avin 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest?