Judgment:
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP NO.2391 of 2013 DATE OF DECISION :
4. h FEBRUARY, 2013 Hari Ram ….
Petitioner Versus State of Haryana and others .Respondents CORAM :HON’BLE Mr.JUSTICE TEJINDER SINGH DHINDSA **** Present : Mr.Sunny Singla, Advocate for the petitioner.
**** TEJINDER SINGH DHINDSA, J.
(ORAL) The petitioner, who is presently working on the post of S.S.Master under the Haryana State Elementary Education Department, has filed the instant writ petition seeking the issuance of a writ of certiorari for quashing the promotion list issued for the post of Elementary Middle Head in Haryana Education Service in HES-III (School Cadre) dated 19.01.2013.
Counsel for the petitioner would contend that persons junior to the petitioner in the feeder cadre i.e.holding the post of Punjabi TeacheRs.private respondent Nos.3 and 4 have been promoted to the post of Elementary Middle Head.
Counsel would submit that such action is arbitrary and violative of Articles 14 and 16 of the Constitution of India.
Having heard counsel for the petitioner at length and having perused the pleadings on record, I find that the present writ petition is wholly devoid of merit.
Learned counsel for the petitioner has not been able to dispute the fact that in terms of Rule 9 (i) of the statutory rules governing the post of Elementary Middle Head, such post is to be filled up solely by way of CWP NO.2391 of 2013 -2- promotion and different quotas have been stipulated.
In this regard a reference may be made to memo dated 01.06.2012 at Annexure P-2 wherein it has been stipulated that for promotion to the post of Elementary Middle Head in HES-III (School Cadre) 85% quota is provided for promotion out of TGTs, 7% by way of promotion out of Hindi TeacheRs.7% through promotion out of Sanskrit Teachers and 1% through promotion out of Punjabi TeacheRs.The petitioner admittedly is working as a S.S.Master and would be covered under the 85% quota provided for promotion to the post of Elementary Middle Head from amongst TGTs.
Counsel for the petitioner has not been able to demonstrate as to on what basis the petitioner while working on the post of S.S.Master could lay a challenge as regards the promotion list of the post of Elementary Middle Head that has been issued as regards the 1% quota provided for promotion out of Punjabi TeacheRs.The claim of the petitioner is liable to be considered strictly in the light of the statutory provisions under the 85% quota provided for promotion to the post of Elementary Middle Head from amongst the TGTs.
No merit.
The present writ petition is dismissed.
4th February, 2013 (TEJINDER SINGH DHINDS A) ‘Diwaker Gulati’ JUDGE