K. Ramamoorthy, J. (Oral ).

( 1 ) THE petitioner is a Maths Teacher in the fourth respondent School. She became eligible to be promoted as PGT on the post of PGT (Maths) which fell vacant on the 1st of April, 1995. The DPC of the school made the selection and from the 10th of July, 1995, the petitioner has been working as PGT (Maths) in the School. Seeking the approval, the fourth respondent, management, wrote to the Education Officer, Zone 26, New Delhi in the following terms:-

"i am directed to inform you, as per instruction of the Chairman of the Managing Committee of the School that the order of vacancies as mentioned in our previous letter No. SPV/42/1995-90 dated 23. 6. 95 may be amended to record according to the date of creation of vacancies as mentioned below:- 1. The post of PGT (Hist) from the 5th Jan. 95. 2. The post of PGT (Econ) from the 1st Feb. 95. 3. The post of PGT (Maths) from the 1st April 95. It may also be stated that according to your views for keeping reservation 40 point roster for promotions also will not be applicable to the post of PGT (Maths) which is a general category vacancy. The vacancies for 1 and 2 cannot be filled up by promotion as there is no candidate available in the school in the TGT grade. We have already advertised for direct recruitment. The post of PGT (Maths ). which is in general category will be filled up by promotion by DPC for which the question of reservation does not arise. Accordingly, the DPC which met on 12. 10. 95 may record the promotion of Mrs. Uma Mitra, TGT (Maths) (the senior candidate in the category) for the post of PGT (Maths) be promoted with effect from the date she has taken over charge i. e. the 10th July, 1995 to the post of PGT (Maths ). We shall be obliged for your urgent decision. "

( 2 ) THERE was no reply from the Education Officer and the petitioner had to file this writ petition and the writ petition was instituted on the 15the of December, 1995 for the following reliefs:-

"on THE PREMISES SET FORTH ABOVE, the petitioner most respectfully prays that this Hon ble Court may be pleased to: (a) issue a writ or order directing in the nature of writ of mandamus directing the respondents to treat the petitioner as having been promoted to the post of PGT (Maths) against unreserved vacancy; (b) issue a writ or direction in the nature of mandamus directing the respondent to refrain from holding the interview on 19. 12. 1995 for selecting candidate for the appointment to the post of PGT (Economics) and PGT (History ). "

( 3 ) THE relief prayed for in paragraph (b), it is stated by Mr. R. K. Saini, has become. infructuous as nobody has been appointed and no interview was held on 19. 12. 1995.

( 4 ) IN the counter affidavit, the Education Officer, without specifying as to how the post of PGT (Maths) came into reserved category, had dealt with the subject of reservation in a general way. It is stated in paragraph 4 of the counter:

"that the approval was conveyed to fill up the post of PGT History and PGT Economics through recruitment, out of which PGT History was reserved for SC. The other post of PGT Maths was to be filled through promotion, which was reserve for SC, since no appointment of SC candidate was made in the past. This is as per roaster register entries supplied by the school. "

( 5 ) IN paragraph 6, while elaborating the point on reservation, it is stated:

"that the approval was conveyed to fill up the post of PGT Economics and PGT History through direct recruitment out of which PGT History was reserved for SC. The other post of PGT Maths was to be filled through promotion which was reserved for SC as per roaster register entries supplied by the school no previous appointment of SC candidate has been made by the school. It is submitted that reservation is applicable for SC/st in promotion also as circulated by the Delhi administration vide letter No. 2/8/89 SI dated 31. 5. 89. Treating unequals as equals would amount to denial of Article 14 of the Constitut

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