- (1.) The petitioners, who are looking after the work of Principal in various Government Colleges in Chandigarh, which are being run by the Chandigarh Administration, have filed this petition with the prayers (i) to quash the 'Chandigarh Educational Service (Group "A" Gazetted) Government Arts and Science College Rules, 2010' (hereinafter referred to as Rs. 2010 Rules') to the extent that they provide for qualification of Ph.D for promotion to the post of Principal; (ii) to direct the respondents to get 2010 Rules relaxed with regard to the qualification of Ph.D for the purpose of promotion to the post of Principal before making any regular promotion under the directions given by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (hereinafter referred to as 'the Tribunal') vide order dated 12.10.2010 (Annexure P-1); and (iii) to direct the respondents to consider and promote the petitioners against the vacant posts of Principal with effect from 1.10.2009 on regular basis.
(2.) It is undisputed factual position that vide notification dated 13.1.1992, the Chandigarh Administration adopted the corresponding Service Rule of Punjab with effect from 1.4.1991 to govern the conditions of service of its employees. Prior to it, there were no rules governing the matter. The Chandigarh Administration had been appointing Principal in Government Colleges by way of deputation or promoting the Lecturers of UT cadre as Principals, by adopting different eligible criteria. The effect of notification dated 13.1.1992 was that the provisions of the Punjab Educational Service (College Grade) (Class I) Rules, 1976 (hereinafter referred to as Rs. 1976 Punjab Rules') became applicable in regard to the recruitment of candidates to UT college cadre.
(3.) Vide notification dated 29.3.2000, published in the Gazette dated 1.4.2000, the Chandigarh Administration, in consultation with the Union Public Service Commission (hereinafter referred to as 'the UPSC'), framed and notified the Chandigarh Educational Service (Group "A" Gazetted) Government Arts and Science College Rules, 2000 (hereinafter referred to as 'the Draft Service Rules') and sent the same to the Government of India for issuing Notification in the name of the President of India. Finally, after due approval, on 26.3.2010, the Draft Service Rules were notified as 2010 Rules and were published in the Official Gazette on 3.4.2010.;