Jaishree Thakur, J. - (1.) Challenge in the present writ petitions is to Circular dated 16.10.2015 issued by Deputy Secretary to the Government of Rajasthan, by which guidelines are issued for allotting posts of Head Masters in Upper Primary Schools sanctioned in Elementary Education Department and posts of Head Teachers sanctioned in Secondary Education Department to Senior Teachers of Hindi, English, Maths, Science, Social Science, third language and Senior Teachers (General).
(2.) The brief facts are, petitioners were appointed as Teacher Grade -III in Commerce subject and since the date of their appointment, are holding the post of Teacher Grade -III without there being any promotional avenues. As per the Rules of Rajasthan Educational Subordinate Service Rules, 1971 (for short 'the Rules of 1971'), appointment to the post of Senior Teacher was by way of 50% by direct recruitment and 50% by way of promotion. Rule 8 -A of Rules of 1971 came to be amended by notification dated 18.7.2008 by which teachers in six subjects were mentioned for promotion to the post of Senior Teachers, namely in Hindi, English, Maths, Science, third language and Social Science. As Teachers of Grade -III of Commerce subject and likewise were deprived of avenue of promotion to post of Senior Teachers, the Notification dated 18.7.2008 was challenged in D.B. Civil Writ Petition No. 8648 of 2014. During the pendency of the writ petition, a new amendment by way of Rajasthan Educational Subordinate Service (Amendment) Rules 2015 was introduced by notification dated 24.2.2015 whereby S. No. 8(d) was added for promotion to the post of Senior Teacher (General) with retrospective effect, i.e. 18.7.2008, the date when an amendment was made to rule 8 -A The writ petition was disposed as by said Notification opportunity of promotion of Teacher Grade -III of Commerce subject had been provided for promotion to the post of Senior Teacher (General) by 100% promotion. After the incorporation of the amendment, a letter was issued by the Joint Secretary on 15.4.2015 whereby it was directed that DPC be convened up till 30.4.2015 for each subject while taking the ratio of 1:7 of the entire available units. Subsequently, the impugned Circular dated 16.10.2015 was issued recalling the earlier Circular issued on 15.4.2015, wherein a criteria of eligibility was incorporated for promotion. The petitioners are being aggrieved by the Circular dated 16.10.2015, which accordingly to the petitioners, is against the Rules.
(3.) It is contended by Mr. H.S. Sidhu & Mr. C.S. Kotwani learned counsels appearing on behalf of the petitioners that as per the Rules, the criteria of promotion of a Teacher grade -III to the post of Senior Teacher in Hindi, English, Maths, Science, third language, Social Science was 50% by direct recruitment and 50% by seniority and avenue of promotion for Teacher Grade -III who belong to the stream Commerce, Agriculture, Drawing, Crafts, Music etc to post of Senior teacher (General) is by 100% promotion. It is argued that by the impugned Circular dated 16.10.2015, the post meant for Senior Teacher (General) will be filled up by promotion from Teachers who are eligible to be promoted on the post of Senior Teachers Hindi, English, Maths, Science etc. The formula, as set out in the Circular, has been challenged being de hors the Rules.;