ORDER :

1. The four petitioners herein have called in question the constitutional validity of the Rules known as the Chhattisgarh School Education Services (Educational and Administrative Cadre) Recruitment and Promotion Rules, 2019 (for short ‘the Rules of 2019’) impugning as being patently arbitrary, capricious and violative of Articles 14, 16 and 21 of the Constitution of India in addition to it, being promulgated in ignorance of clauses 9 and 11 of the executive order dated 5-3-2019 issued by the General Administration Department of Chhattisgarh.

2. Since common question of law and fact is involved in both the writ petitions, they were heard together and are being disposed of by this common order.

3. The petitioners have questioned the constitutional validity of the aforesaid Rules on the following factual backdrop:

For the sake of convenience, W.P. (S) No. 4955/2020 is being taken-up as lead case.

4. The two petitioners herein were working as Head Masters with effect from 2-3-2012, earlier they were working with the Tribal Welfare Department, but now, they have been absorbed in the Department of School Education. It is their case that while working in the Tribal Welfare Department, they were governed by the Chhattisgarh Tribal and Scheduled Caste Development Department Educational Cadre (Gazetted) Service Recruitment Rules, 2011 (for short ‘the Rules of 2011’). It is their further case that the Explanation appended to Rule 15(1) of the Rules of 2011 has been held to be discriminatory and ultra-vires to the provisions of the Constitution of India by a Division Bench of this Court by order dated 30-4-2014 passed in W.P. (S) No. 1407/2012 (Tilak Ram Mandavi and Another vs. State of CG and Others) and other connected writ petitions and it has further been held and further, liberty has been granted to frame fresh explanation/rule, however, it has been observed that till the rule is framed, the qualifying service of the Lecturers, who have been promoted from the post of Head Master will be taken from the date of their appointment as Head Master Middle School (Post Graduate). Furthermore, on 4-2-2019, again, another Division Bench of this Court in W.P. (S) No. 1305/2015 (Shikshak Sangh Nagar Palika Nigam Raipur vs. State of Chhattisgarh and Others) and other connected writ petitions quashed the order dated 10-3-2015 whereby the State Government has directed for amalgamation of the services of the Tribal Cadre to the Education Department for uniformity in the standard of education wherein it has been held that even after such amalgamation, the employees belonging to Shikshak Cadre-A and Shikshak Cadre-B will be governed separately and establishment, promotion and all other benefits will be governed by the earlier rules and regulations. Thereafter, on 5-3-2019, order Annexure P-5 was issued by the State Government clearly stating in clause 9 that even after amalgamation, the employees belonging to Shikshak Cadre-E and Shikshak Cadre-T will be governed by their earlier promotions rules, but thereafter, on the same day, the Rules of 2019 were promulgated in exercise of powers conferred by the proviso to Article 309 of the Constitution, whereby amalgamated recruitment rules were brought into force with effect from the publication of the notification in the Official Gazette i.e. 5-3-2019 and whereby the earlier promotion avenues available to the Lecturer/Head Master of the Tribal Department to the post of Principal have totally been changed and a new formula has been inserted on the experimental basis to the effect that a ratio of 65:25 has been made available. Further case of the petitioners is that promotion to the post of Principal will be made by 65% Lecturer and 25% Head Master even without ascertaining the consequences of the same to the effect that Junior Lecturer becomes Principal and Senior Head Master will face deprivation of