JUDGEMENT
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(1.) Challenge herein in this writ petition is quashing of the impugned communication dated 1.12.2006 Annexure P-10 whereby the claim of the petitioners for the promotion to the post of Head Master (High School) from the post of Head Master (Middle School) was rejected in the 20% quota of reservation meant for Scheduled Castes category.
(2.) It is the case of the petitioners that they are working as Head Master/Headmistress (Middle School) in the Education Department of Haryana and they were promoted as such in the year 1996. Petitioner Nos. 5 and 9 were appointed in the year 1997 as Head Masters (Middle School) whereas petitioner No. 10 was appointed as Head Master (Middle School) on 1.1.1991. The service record of the petitioners throughout has been very good and no adverse entry was ever conveyed to them. It is the case of the petitioner that for the purpose of promotion to the post of Head Master the promotions are made :-
(1) from Masters;
(2) from Head Masters;
(3) from Lecturers and
(4) from C&V Teachers.
Petitioners belonged to category No. 2 i.e. Head Masters of Middle School.
(3.) It is further the case of the petitioner that the Rules applicable to the post of Head Master (High School) were notified by the State of Haryana on 15.12.2998 and are called 'the Haryana State Education (School and Inspection Cadre) (Group B) Service Rules, 1998' (hereinafter referred to as the Rules). The Relevant Rules governing the post of Head Master (High School) is reproduced here :-
Qualifications :
7. No person shall be appointed to any post in Service, unless he is in possession of qualifications and experience specified in column 3 of Appendix B to these rules in the case of direct recruitment and those specified in column 4 of the aforesaid Appendix in the case of persons appointed other than by direct recruitment.
As per the above reproduced Rule, there is a channel of promotion for the petitioners to the post of Head Master/Head Mistress (High School). The criteria for promotion from the post of Head Master (Middle School) to the post of Head Master (High School) is seniority-cum-merit.;
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