- (1.) THE petitioner was appointed as an Assistant Teacher in Shri Shantadurga High School, Bicholim on 1-7-1971. At the time of her appointment, the petitioners qualifications were S. S. C. and H. S. S. (Hindi Shikshak Sanad ). According to the petitioner, H. S. S. is a recognized qualification for teachers. In the course of her service, the petitioner passed B. A. Examination of Shivaji University, Kolhapur in April, 1993. It is the petitioners case that she thus became a trained graduate teacher and was thus eligible for being promoted as a trained Graduate Teacher.
(2.) ON 1-10-1993, a vacancy in the post of Asst. Teacher occurred in the said school on account of retirement of one Asst. Teacher. K. J. Thomas. The petitioner being eligible for being appointed to the said post, the school Authorities recommended her name to respondent No. 2 i. e. the Director of Education for promotion. However, respondent No. 2 by his letter dated 7-12-1993 informed the School Authorities that the petitioner did not possess a Degree or Diploma in Education/ teaching and that she did not fulfil the conditions of eligibility contemplated by Rule 78 of Goa, Daman and Diu School Education Rules, 1986 (hereinafter referred to as "the Rules 1986" ). It was pointed out in the said letter that the petitioner was Graduate with H. S. S. and, as such, she was not eligible for being promoted as an Assistant Teacher. The petitioner has pointed out that H. S. S. is a recognized qualification for teaching and that she is the senior most under Graduate Teacher in her School and, as such, she ought to have been considered for the post of Asst. Teacher which fell vacant on the retirement of K. J. Thomas. In her affidavit, she has contended that the letter dated 7-12-1993 addressed by respondent No. 2 to the respondent No. 4 is bad in law since it violates the promises made by respondent No. 2 in various earlier circulars. The petitioner has also challenged the validity of Rule 78 of the Rules 1986. According to her, it is arbitrary, unreasonable and violative of Article 14 of the Constitution of India. She has contended that the said Rule is ultra vires the Goa, Daman and Diu School Education Act, 1984. In her affidavit, the petitioner has quoted two instances of Under Graduate Teachers, namely Mr. Nicholas Xess and Shri Ramnath Desai, who were promoted as trained Graduate Teachers, though actually both of them possessed teaching qualification of H. S. S. like the petitioner. The petitioner has, therefore, prayed for an appropriate direction to set aside the order dated 7-12-1993 issued by respondent No. 2 and Rule 78 of the Rules 1986.
(3.) THE petition was filed on 18-12-93. Thereafter, one Shri G. R. Shetye, who is next below the petitioner in the seniority came to be appointed to the post of Asst. Teacher (Graduate Trained Teacher) on 7-8-94. The petitioner then impleaded the said G. R. Shetye as respondent No. 5. However, no relief challenging and setting aside his promotion to the said post is sought by her.;