- (1.) Vide this judgment two Civil Writ Petition Nos. 1836 and 3090 of 1984 are for disposal as common question of fact and law are involved. Facts are taken from Civil Writ Petition No. 1816 of 1984.
(2.) Mehar Chand and ten others pray for issuance of a writ of mandamus directing the respondents to consider them for promotion against the post reserved for Scheduled Castes category and a writ of certiorari quashing letter issued by Director Public Instructions (Schools), respondent No. 2, copy of which is Annexure P. 3, whereby records of those teachers who had passed B. Ed. up to 1972 (male teachers) and upto 1982 (female teachers) were called for consideration for promotion.
(3.) The petitioners are working as J.B.T., Teachers in the different districts of State of Haryana on regular basis. Their service conditions are governed by the Punjab, Educational Service Class (III) (School Carde) Rules, 1955. The Government of Haryana issued executive instructions on November 7, 1958 deciding for 25% posts of B.T. and B.Ed. masters to be promoted from amongst the J.B.T. Teachers who had passed B.A.B.T./B.Ed. examinations. Copy of the instructions in Annexure P.1 (wrongly mentioned as P.2). Subsequently, in August 1980 the percentage was increased to 33 vide letter dated August 20, 1980. The Government also decided that 20% posts were reserved for the scheduled castes and that the above benefit of reservation will be given till such time as the number of employees belonging to reserved categories does not come up to the prescribed percentage. These instructions are contained in Annexure P.1 (wrongly mentioned as P. 2). All the petitioners belong to scheduled castes and they have passed B.A. B. Ed. Full details of their passing B.A. and B.Ed. are given in the writ petition. In February 1983, the Director Public Instructions Haryana called the records of J B.T. Teachers (men) who passed B A.B.Ed. upto 1972 and J.B.T. Teachers, (women) who had passed their B.A. B.Ed. upto 1982 to consider them for promotion to master carde vide letter Annexure P. 3. The Director Public Instructions (Haryana) issued a list of 103 persons in July 1983 who were promoted as masters. List of those persons is Annexure P. 4 None of the persons belonging to reserved categories is mentioned in this list. The petitioner approached the respondent to implement the Government instructions and promote 20% from among the petitioners who belong to scheduled castes category and were possessing the requisite qualifications but no response was received. Hence this writ petition.;