- (1.) HEARD Mr. M.B. Lal, learned counsel for the petitioner Mr. Prabhat Kumar Sinha, J.C. to the learned S.C. III and with their consent this writ petition is being disposed -off at this stage.
(2.) THE petitioner in this case basically pray for an order for consideration of their case for promotion to the post of a Head Master in accordance with law. This Court does not find the said prayer to be unreasonable. It appears that these petitioners had earlier moved this Court vide W.P. (S) No. 4800 of 2001 which was disposed -off on 27.9.2001 after holding that there was nothing on record at that stage to suggest immediate cause of action and therefore, an observation was made to the effect that if the respondents fill -up the posts of Head Masters by promotion and if the petitioners come within the zone of consideration and if they are eligible, then the respondents may consider their cases for promotion to the post of Head Master. This order is Annexures 7 appended to the writ petition. As per pleadings made, it appears that the petitioners Nos. 1 and 2 were granted B.A. Trained Scale with effect from 1.1.1987 whereas petitioner No. 3 was given B.Sc Trained Scale with effect from 28.8.1002. They claim that as per Rules of 1993, which were framed under Article 309 of the Constitution of India vide Gazette Notification dated 8th July 1993 (Annexure 1) they are entitled for promotion to the post of Head Master as they belong to the Scheduled Caste Community. Further eligibility in relation to the petitioners have been stated in paragraph 10 of the writ petition and in paragraph 12, these petitioners have stated that all of them have the necessary qualifications for promotion, but their cases are not being considered inspite repeated representations.
(3.) THE learned counsel for the petitioner draw attention of this Court to Annexure 5 and submits that it is a certification of the District Superintendent of Education, Dhanbad certifying at running page 35 of the petition that in the District of Dhanbad, there are 132 posts lying vacant in relation to Head Masters of Middle Schools. The said dpcuments further show that 237 posts are sanctioned, out of which, 105 are filled -up leaving vacant 132 posts. The counter affidavit filed on behalf of the respondent Nos. 2 and 3 discloses that pursuant to the directions made by this Court in W.P. (S) No. 4800 of 2001 on 27.9.2001 (Annexure 7 referred to above), a fresh category -wise gradation list of all teachers of Dhanbad including teachers who have been conferred with the Trained Graduate Scales have been prepared and objections invited. The counter affidavit further discloses that in order to finalise the gradation list, some more time is likely to be consumed. Paragraph 9 of the counter affidavit further discloses that no sooner objections are sorted out and final gradation list published, further action by way of granting promotion to the posts of Head Master would be taken at the earliest and in paragraph 10, it has been stated that the tentative gradation list bears the names of each of the petitioners.;