- (1.) This petition under Article 226 of the Constitution prays for declaring Rule 9 of the Haryana State Education Lecturer School Cadre (Group C) Service Rules, 1998 (for brevity 'Group "C" Rules') as ultra vires of Articles 14 and 16(1) of the Constitution in so far as the rule adversely affects the petitioners who are JBT teachers. It has further been prayed that the order dated 10.8.2004 (Annexure P.9) passed by the Director, Secondary Education, Haryana (respondent No. 2) be set aside whereby the detailed representation made by the petitioners has been rejected. It is appropriate to mention that the petitioners who are JBT teachers with post graduate qualification are seeking the avenues of promotion to the post of School Lecturer under the 1998 rules as C&V teachers as well as Masters/Mistresses have been given the avenue of promotion to the post of lecturer. The representation has been rejected by respondent No. 2 on the ground that for JBT teachers there is separate channel of promotion as they can be promoted as Head Teacher Primary School as well as Masters from their substantive posts.
(2.) Brief facts of the case are that all the petitioners have been appointed on the post of JBT teachers on regular basis. Some of them have also been promoted on the post of Master/Mistress on the basis of their higher qualification of B.Ed./B.T. They all possessed the post graduate qualification of M.A./M.Sc./M.Com. with more than 50 percent marks as is evident from the perusal of detailed marks given in Annexure P.6. For the purposes of promotion to the post of Lecturer, the respondent-State has enacted Rules framed under Article 309 of the Constitution. According to Rule 7 of the Rules no person could be appointed to any post unless he in possession of the qualification specified in column 4 of Appendix B in case of person is appointed other than by direct recruitment. According to Appendix B Column 4 the lecturers in various disciplines like the Lecturer (Pol. Sc.), (Sociology) could be appointed by promotion if such a person has M.A. Degree in the concerned discipline as specified with 50 per cent marks from a recognised University and two years teaching experience as master/classical/vernacular teachers. According to Rule 9, the recruitment to the service in the case of lecturer is to be made 50 percent by promotion from amongst masters and classical/vernacular teachers and 50 per cent by direct recruitment. The grievance of the petitioners is that the pay scale of the petitioners as JBT teachers and their qualifications are similar to that of C&V teachers although they have been promoted on the post of master/mistress on the basis of their qualification of B.A./B.Ed. They have asserted that once the cadre of C&V teachers have been made eligible for promotion to the post of Lecturer the claim of JBT teachers, who are equivalent in status, pay scale and qualifications cannot be denied that benefit. Therefore, they have prayed that Rule 9 of the Rules which confines the promotion only to C&V teachers/Masters/Mistress without including the cadre of JBT teachers is liable to be struck down being violative of Articles 14 and 16(1) of the Constitution.
(3.) We have thoughtfully considered the submissions made by the learned counsel and are of the view that for JBT teachers separate channel of promotion has been provided to the post of Head Teacher under the Haryana Primary Education (Group C) District Cadre Service Rules, 1994 (for brevity Rs. 1994 Rules'). According to Rule 7, Appendix B of the Rules, 1994, a JBT teacher is entitled to be considered for promotion to the post of Head Teacher of Primary School. They are also entitled to be considered for promotion to the post of Masters as per the provisions of Rule 9 of the Haryana State Education School Cadre (Group "C") Service Rules, 1998 (for brevity 'the 1998 Rules'). It is appropriate to mention that even C&V teachers are also entitled to be considered for promotion on the post of Masters. A JBT teacher who has qualification of B.A./B/Ed. can be considered for promotion to the post of Master/Mistress. A Master/Mistress with post graduate qualification can further be considered for promotion to the post of Lecturer under Rule 9 of the Rules. However, a JBT teacher having post graduate degree in the subject concerned cannot be considered for promotion directly as a Lecturer. The prayer of the petitioners infact is that some quota for promotion to the JBT teacher alongwith C&V teachers should be provided in Rule 9 so as to treat the petitioners who are JBT teachers at par with C&V teachers. It is well settled that this Court while exercising jurisdiction under Article 226 of the Constitution cannot issue a direction to respondent-State for framing of legislation either by legislature or by the executive. In this regard reference may be made to the judgment of the Supreme Court in the case of State of J&K v. A.R. Zakki, 1992 1 SCT 499 and U.O.I. v. Parkash Hindu Jha, 2003 6 SCC 195, wherein it has been held that no outside power or authority can issue direction to Parliament or State Legislature to enact a particular piece of legislation.;