M.R.Agnihotri, J. - (1.) The petitioner who is a teacher serving in the Primary School managed and controlled by the Cantonment Board, Ferozepur Cantt., has invoked the writ jurisdiction of this Court for the issuance of a writ of mandamus directing the union of India through the Secretary, Ministry of Defence; General Officer Commanding-in-Chief, Western Command, Panchkula; Director Defence Lands and Cantonments and Cantonment Board, Ferozepur respondent Nos. l to 4 respectively to promote and post the petitioner as Headmaster with effect from 8th January, 1982, when respondents Nos. 5 to 10 were promoted as Headmasters even though they did not possess the essential qualification of knowledge of Punjabi language upto Matric standard.
(2.) No doubt, the petitioner joined service only on 1st June, 1960 as a teacher after completing two years' J.B.T. course with Matric in Punjabi and passed his Intermediate Examination in 1964 and was thus junior in service to respondents Nos. 5 to 10 who had entered into the service of the Board earlier to him, yet in January, 1981 when the occasion to promote and post the teachers as Headmasters/Headmistresses arose, the petitioner happened to be the only eligible teacher. None of the respondents possessed the qualification of Punjabi language upto Matric Standard. However as the petitioner was junior to the respondents, he was not considered and promoted as Headmaster. It is this promotion of respondents Nos. 5 to 10 to the rank of Headmaster which is sought to be quashed by the petitioner through this writ petition.
(3.) In the written statement, promotions of respondents Nos. 5 to 10 have been justified on the ground that no doubt knowledge of Punjabi was one of the essential qualifications for posting as Headmaster/Head Teacher yet the G.C.C.-in-Chief vide his order dated 26th October, 1984 had waived this requirement in the case of respondents Nos. 5 to 10 as they had already been officiating against those posts.;