STATE OF RAJASTHAN Vs. CHANDRA SHEKHAR DAVE S/O SH. MISHRI LAL
LAWS(RAJ)-2017-7-123
HIGH COURT OF RAJASTHAN
Decided on July 10,2017

STATE OF RAJASTHAN Appellant
VERSUS
Chandra Shekhar Dave S/O Sh. Mishri Lal Respondents

JUDGEMENT

PARDEEP NANDRAJOG - (1.) The private respondents in the three captioned appeals were the writ petitioners before the learned Single Judge. Working as Lecturers (School Education), under the State of Rajasthan they filed writ petitions praying that for purpose of promotion to the post of Principal, for the vacancy year 2017-18, 2843 vacant posts notified be filled up in the ratio of 67:33 inter-se Lecturers and Head Masters. The claim in the writ petitions filed was premised on the Schedule to Rule 6 of the Rajasthan Educational Service Rules, 1970 as amended on 25.3.2015. As amended in the year 2015, as per the Schedule, the post of Principal Higher Secondary, has to be filled up 100% by promotion. Column 3 of the Schedule which prescribes the method of recruitment specifies that 33% promotion would be from Head Masters of Secondary Schools and 67% from Lecturers.
(2.) The stand of the State of Rajasthan was that as per the Schedule, 67% and 33% reservation for Lecturers and Head Masters respectively did not relate to the vacancies but to the posts. In other words the quota had to apply on the cadre strength.
(3.) Based on the cadre strength and the existing Head Masters and Lecturers working on being promoted in the previous years as Principals, the department had earmarked 1728 posts in the quota of Head Masters and 1121 in the quota of Lecturers.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.