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HIGH COURT OF CHHATTISGARH AT BILASPUR
Sanjay K. Agrawal, J.
D.S. Pawar, S/o Shri Buddhan Singh Pawar - Appellant
Vs.
State of Chhattisgarh - Respondent
Writ Petition (Service) No. 5458 Of 2014 and Writ Petition (Service) No. 3766, 3834 Of 2015
Decided On : 08-01-2025
(A) Chhattisgarh Technical Education (Gazetted) Service (Teaching Cadre- Polytechnic) Recruitment Rules, 2005; Chhattisgarh Technical Education (Teaching Cadre-Polytechnic) (Gazetted) Service Rules, 2014 - Promotion eligibility - Petitioners promoted as HOD in 2007 challenged non-promotion to Principal post under new rules, claiming eligibility under old rules - Court held that applicable rules are those in force at the time of consideration, thus dismissing petitions. (Paras 3, 10, 12, 14)
(B) Promotion - Right to be considered for promotion arises on the date of consideration, governed by existing rules - Supreme Court precedent established that vacancies prior to new rules do not revert to old rules. (Paras 7, 12)
Facts of the case:
Petitioners were promoted to HOD in 2007 but were not promoted to Principal in 2014 due to lack of qualifications under new rules. State argued that only current rules apply.
Findings of Court:
Petitioners lacked qualifications as per Rules of 2014 at the time of consideration for promotion.
Issues: Whether the Petitioners should be governed by the old or new rules for promotion eligibility.
Ratio Decidendi: The court affirmed that the applicable rules are those in force at the time of promotion consideration, referencing Supreme Court decisions.
Result: Writ Petitions dismissed.
Order :
(Sanjay K. Agrawal, J.)
1. Since common question of law and fact is involved in the present batch of three Writ Petitions, they have been clubbed together, heard together and are being decided by this common Order.
2. All the Petitioners in the three Writ Petitions were promoted on the post of Head of Department (‘HOD’ for short) with effect from 14.6.2007. During their promotion on the post of HOD, Chhattisgarh Technical Education (Gazetted) Service (Teaching Cadre- Polytechnic) Recruitment Rules , 2005 were applicable (‘Rules of 2005’ for short). The said Rules of 2005 were later on repealed and new rules namely – Chhattisgarh Technical Education (Teaching Cadre-Polytechnic) (Gazetted) Service Rules, 2014 (‘Rules of 2014’ for short) came into force with effect from 12.5.2014. In Schedule- IV framed under Rules 14 and 15 of the Rules of 2014, qualification and experience for promotion from the post of HOD to the post of Principal have been prescribed, by which the candidate must have three years minimum period of experience as HOD (Engineering/Technical) for eligibility of promotion and she/he also must have prescribed qualification of Bachelor’s degree and Master’s degree of appropriate Branch in Engineering/Technology from a recognized University/Institute with First Class or equivalent at either Bachelor’s or Master’s level etc.,. For ready reference, relevant part of Schedule-IV of the Rules of 2014 is being reproduced herein-under:-
| Serial No. | Name of Service/Post from which promotion will be made | Minimum period of experience for eligibility of promotion | Name of post to which promotion will be made | Prescribed Educational qualification and experience | Name of members of the Departmental Promotion Committee |
| (1) | (2) | (3) | (4) | (5) | (6) |
| 1. | Head of Department (Engineering/ Technical) | 3 years | Principal | (1) Bachelor’s degree and Master’s degree of appropriate branch in Engineering/ Technology from a recognized University/ Institute with First Class or equivalent at either Bachelor’s or Master’s level. (2) Minimum of 15 years relevant experience in teaching/research/ industry out of which at least 03 years shall be at the level of head of department or equivalent. In case of Architecture professional practice of 15 years as certified by the Council of Architecture shall also be considered valid. OR (1) Bachelor’s degree and Master’s degree of appropriate branch of Engineering/ Technology from a recognized University/ Institute with First Class or equivalent at either Bachelor’s or Master’s level and Ph.D. or equivalent, in appropriate discipline in Engineering/ Technology from a recognized University/ Institute. (2) Minimum of 10 years relevant experience in teaching/research/ industry out of which at least 03 years shall be at the level of head of department or equivalent. In case of promotion from the post of HOD Architecture, professional practice of 10 years as certified by the Council of Architecture shall also be considered valid. | 1. Chairman of Public Service Commission or Member nominated by the Chairman- Chairman 2. Secretary In-charge Technical Education, Public Employment and Science and Technology- Member 3. Director of Technical Education- Member |
3. A meeting of the Departmental Promotional Committee (‘DPC’ for short) was convened on 27.5.2014 in which all the candidates were considered and the private Respondents herein were promoted on the post of Principal by Order dated 25.6.2014. However, the Petitioners herein were not promoted on the said post of Principal, holding that they did not have the prescribed educational qualifications as per Rules of 2014.
4. Questioning the legality, validity and correctness of their non-promotion on the post of Principal and the promotion of the private Respondents on the said post, the present Writ Petitions have been preferred separately by the Petitioners herein.
5. It is the case of the Petitioner that in all the cases vacancies arose from the year 2005 to 2013 and therefore their case for promotion ough
The right to be considered for promotion is determined by the rules in force at the time of consideration, not by prior rules, as established by Supreme Court precedent.
when a new post is created, the concept of Rules obtaining when the vacancies arose is inappiicable as what is created is a new post on account of re-structuring of the cadre.
The amendment affecting chances of promotion for employees does not necessarily constitute a change in the conditions of service, and the State has the power to unilaterally amend service rules.
The amendment mandating a Bachelor's Degree for certain promotions was constitutionally valid, emphasizing the employer's prerogative to set qualification standards related to job responsibilities.
No vested right to promotion under old recruitment rules when new rules apply; consideration governed by rules in force on promotion date, absent mandate for pre-amendment vacancies.
The court clarified that for teacher promotions under Rule 14, five years of continuous service is required, but it does not need to be in the subject of the promoted post.
The court upheld the validity of amended promotion rules, ruling they apply prospectively and that participation in the selection process waives the right to challenge it.
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