1. This two groups of writ petitions challenge different provisions of Chhattisgarh Tribal and Scheduled Caste Development Department Educational Cadre (Gazetted), Service Recruitment Rules, 2011 (the 2011Rules) and are opposite to each other in the sense that if one is to be allowed the other is to be dismissed:

The first group namely WP(S)-1407, and 2241 of 2012 (serial-1 and 2) is by directly recruited Lecturers and they substantially challenged the equivalence granted to Headmasters, Middle School with the Lecturers;

The second group of writ petitions namely WP(S)-2349, 2674, 2675, 2676, 3150 of 2012 and WP(S)-1449 of 2013 (serial-3 to 8) is by Lecturers, who are promoted from the post of Head Masters, Middle School for not including the period of their service as Head Master, Middle School for calculating the period of their qualifying service as has been in the case of those Head Masters middle school who continue to hold such post.

THE FACTS Historical ? The Earlier Rules

2. Initially, in the State, the school teachers (upto class XII) were under the following categories:

(i) Assistant Teachers upto class-V;

(ii) Head Master, Primary School (upto class V);

(iii) Upper Division Teachers (upto class-VIII);

(iv) Head Master of Middle School (upto class VIII);

(v) Lecturers (teachers from class IX to class XII); and

(vi) Principal/Vice-Principal of the Higher Secondary School (upto class XII).

3. The post of the Assistant Teacher was entry level post. A teacher could be promoted to the higher post and there could be direct appointment to the higher post as well.

4. Before the 2001-Rules, the Head Master Middle School with post graduate degree could be promoted as the Lecturers and only then to the post of Principal/Vice-Principal. There was no direct promotion to the post of Principal/Vice-Principal from the post of Head Master, Middle School. At that time, the post of Head Master, middle school was the subordinate post.

5. In the 1990's, the entry level post of Assistant Teacher was declared to be a dying cadre and the power of recruitment to the different posts were given to the Panchayats. The Panchayats started recruiting Shiksha Karmis Grade-I to Grade-III instead of levels of teachers previously mentioned. Broadly, Shiksha Karmi Grade-III is equivalent to Assistant Teacher; Shiksha Karmi Grade-II is equivalent to Upper Division Teacher; and Shiksha Karmi Grade-I is equivalent to the post of Lecturer.

6. The aforesaid arrangement was being done under different rules made from time to time. They are jointly referred to as 'the Earlier-Rules'.

The First Group

7. It appears that there was some stagnation in the post of Head Master, Middle School and their experience as administrator in those schools was not properly utilised. In order to give relief to the Head Master, Middle School and utilise their experience, the State Government framed the 2011 Rules under Article 309 of the Constitution. Under the 2011-Rules, equivalence was granted between the post of Head Master Middle School and the post of Lecturer. The 2011-Rules also provide recruitment and promotion to the different posts.

8. The result of granting equivalence between the post of Head Master, Middle School and the post of Lecturer, is that now there is no question of promoting Head Master Middle School to the post of Lecturer but if they have minimum qualification namely a post graduate degree then they can be directly promoted to the post of Principal/Vice-Principal instead of first being promoted to the post of Lecturer. This has come about because of column-6 of serial-5 and 7 of Schedule-I, column-7 of serial-3 of Schedule-II, and column-2 of serial-3 of Schedule-IV.

9. In the first group of writ petitions, the Petitioners have challenged the inclusion of the words 'Head Master (Post Graduate)' in column-7 of serial-3 of Schedule-II as well as the words 'Head Master, Middle School (Post Graduate)' in column-2 of serial-3 of Schedule-IV. However, ther